Chapter 3: Drugs, Alcohol and Mental Health Flashcards
(32 cards)
S20 SAS 2012
Warrantless Search of Places and Vehicles in relation to some MODA 1975 offences
Reasonable Grounds to Believe not practicable to obtain warrant and in or on the place or vehicle there is…
To suspect in or on place or vehicle an offence has been, being or about to be committed
To believe that if entry is not carried out immediately evidence will be CADD
S21 SAS 2012
Warrantless Searches of people found in or on Places or Vehicles
Conducting a search under S20, may w/o warrant search any person found at / on place or vehicle
S22 SAS 2012
Warrantless searches for controlled drugs and precursor substances if offence suspected against MODA1975
May search a person w/o warrant :
Reasonable grounds to believe that the person is in possession of - controlled drug….
To supsect that an offence against the MODA1975 has been, being or about to be committed in respect of that drug or precursor substance.
S124 SAS 2012
Internal searches generally prohibited.
Unless authorised by another enactment, a constable must not conduct an internal search of any part of the body of any person. Except with the persons consent, searching the persons mouth.
What is an internal search?
An internal search is an internal examination of any part of the person body by means of:
Xray or similar device
Manual or visual examination (whether or not facilitated by an instrument or device) through any body or orifice.
What is not an internal search ?
May conduct visual search of mouth nose and ears but must not insert any instrument/device or thing into any of those orifices.
A visual examination in these circumstance is not an internal search and is permitted as part of a rub down search
Who may conduct an internal search?
An internal search must be conducted by a registered medical practitioner
When can an internal search be required ?
A constable may only require a registered medical practitioner to to conduct an internal examination in the circumstances listed in s23 of the Act. They related to people who are arrested for some offences against the MODA1975 when the constable has REASONABLE GROUNDS to believe the person has certain property secreted within their body.
Reasonable grounds for believing ?
Not limited to personal observations of the officer concerned. Entitled to act on credible information put before him by others.
Meaning of new organisim
A organism belonging to a species that was not present in NZ before 29 July 1998
Meaning of hazardous substance
Substance with one or more of the following intrinsic properties Explosiveness Flammability capacity to oxidise progressiveness toxicity eco- toxicity
which on contact with air or water, generates a substance with any one or more of the specified properties.
S135 Interpretation (hazardous substance )
Emergency means -
Actual or imminent danger to human health or safety
danger to environment or chattels so significant that immediate action is required to remove the danger
S136 Declaration of Emergency
Reasonable grounds to believe that there is an emergency and no state of emergency has been declared under civil defence management act 2002 .... under biosecurity act 1993 .. under fire and emergence y act 2017
may - enter any property remove cause of emergency stabilise the situation to limit adverse effects of the emergency protect health and safety of people
Any emergency declared under this section shall cease -
48hrs after the time of declaration or
when a state of emergency is declared
“the authority” is the Environmental Protection Authority
s265 Closure of Premise by ORDER
Sale, supply of alchol act 2012
This section applies if a riot occurs or reasonable grounds to believe a riot may occur.
Any District Court Judge or any 2 or more Justices or any 1 or more Community Magistrates may, at the request of a constable order every licensee in a specified area to close his premises for the sale of alcohol.
No later than 24hrs from the end of the day when the order was made
May use force as necessary.
Licensee :
Fine of no more than $10 000.00
Suspension of licensee’s licence for no more than 7 days
Manager:
Fine of no more than $10 000.00
S226 Closure of licensed premises by police
This section applies if: A riot is taking place / may occur Fighting or serious disorder significant threat to public health substantial public nuisance or offence have been committed on premises that carry a max penalty of 5+ yrs
Const may close premise for 24 hrs (no more)
Use force
As soon as the order has been given, licensee or manager may apply to DC judge or any 2 or more justices or any 1 or more community magistrates fro the revocation of the order.
Licensee :
Fine of no more than $10 000.00
Suspension of licensee’s licence for no more than 7 days
Manager:
Fine of no more than $10 000.00
S267 - Powers of entry
May at any reasonable time enter and inspect any licenced premises
269 - Power to demand information
Reasonable cause to suspect any person has committed / attempting to commit an offence against this act may require that person to provide name address and DOB.
If any person refuses - k9 wo warrant no more than $2000 fine
Definitions of: RIOT: Licenced Premises Licensee Manager
RIOT: group of 6 or more, acting together, using violence against persons or property to the alarm of persons in the neighbourhood.
Licenced Premises: Any premises for which a licence is held for sale and consumption of alcohol
Licensee: Person who holds a licence in relation to any licenced Premises
Manager: Manager of Licenced Premises
Deciding to close licence premises
Police must take account of: Weight of the evidence supporting closure previous interactions with Police Likelihood of escalating violence duration of closure
Mental Disorder interpretation
Mental Disorder in relation to any person, means abnormal state of mind (continuous or intermittent) characterised by delsuions or mood or perception or volition that
poses serious danger to the health or safety of that person
seriously diminished the capacity of the person to take care of themselves.
S38 - Assistance when person may need assessment
Ayone who believes a person may be suffering from mental disorder, at anytime may request assistance from DAO.
DAO must investigate
The concern is genuine
RG to believe the person is suffering a mental disorder
If DAO decides the person must have an assessment must-
try get a medical practitioner to come to the person with a view of issuing certificate 8B(4)(b)
If no medical practitioner available try get the person to go willingly to medical practitioner
If person refuses - take reasonable steps to take the person to a medical practitioner (using police if needed)
Once certificate is issued under 8B(4)(b) assist someone else to apply under 8A for assessment
S39 - Assistance in respect of outpatients and inpatients on leave
Every patient who is subject
to assessment otherwise that in a hospital
every patient who is subject to community treatment order
every patient who is subject to inpatient order but is on leave from hospital
Anyone may request the DAO in any aspec of care treatment or conduct of patient.
S40 - Assistance in taking or returning proposed patient to place of assessment
Every proposed patient who -
is required to attend a place for assessment …
is refusing to attend at that place and
everyone who is subject to community treatment order
is refusing to attend at a place for treatment
DAO may take patient to place they are required to attend or back to hospital
S41 Police Assistance
DAO who is attempting to return patient may call police to assist.
Police called to assist may -
enter
if not in uniform produce ID
May detain for 6hrs or the duration of examination (which ever is shorter)
