Drugs Flashcards
What should Police do when entering a Clan Lab?
- immediately inform staff & ECC
- remove everyone from premises
- isolate & maintain a safety perimeter
- preserve the scene
- notify duty Insp or Duty NCO, contact the NCLRT & local fire service and ambulance
- seek advice from a NCLRT member or FENZ
- staff & occupants who have entered the address are to remain separated until decontamination issues have been addressed
After discovery of a Clan Lab and initial attendance, what is the aim?
To rapidly convert an unplanned entry into a planned response and investigation with appropriate structure and procedures.
Section 19 –Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants
A const may search any person
found in/on
a place/mv,
in relation to which a SW (issued under S6 of the MoD Act 1975)
The power to search only arises when 3 conditions are met:
* a SW has been issued under section 6
* the W is being executed by a const
* the person is found in/on the place/mv specified in the W.
Section 20 – Warrantless search of places/mvs in relation to some MoD Act 1975 offences
A const may enter & search
a place/mv
wout a W
if they have
RGs —
(a) to B
that it is not practicable to obtain a W
& that in/on the place/mv there is—
(i) a controlled drug specified or described in Schedule 1-4 of the MoD Act 1975; or
a precursor substance specified or described in Part 3 of Schedule 4 of the MoD Act 1975
b) to S
that in/on
the place/mv
an offence against the MoD Act 1975 has been/or is being/or about to be committed
in respect of that controlled drug or precursor substance &
(c) to B,
if entry & search is not carried out immed, evidential material will be destroyed
concealed
altered
or damaged.
Section 21 – Warrantless searches of people found in or on places or vehicles
A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.
Section 22 – Warrantless power to search for controlled drugs and precursor substances if offence suspected against MoD Act 1975
(1) A const may,
search a person w/out warrant
if the cons has RGs to B
that person possession of —
a controlled drug or a precursor substance
and suspect an offence against the MoD
has/is/about to be committed
Explain Section 23 – Internal search of person under arrest for offence against ss6, 7 or 11 MoD Act 1975
An internal search is an internal exam of any part of the person’s body conducted by a medical practitioner by means of:
- X-ray machine or similar, or
- a manual or visual examination
A consts or AO may do what in regards to a visual exam of a offender? MOD Act 1975
Conduct a visual exam of mouth/nose/ears
but must not
insert any instrument/device/thing
into any of those orifices.
Name the circumstances for requiring internal search - MOD
suspect is arrested for an offence against sections:
6 (dealing with controlled drugs)
* 7 (possession & use of controlled drugs)
* 11 (theft, etc, of controlled drugs)
can be required to undergo an internal search &:
* there are RGB the suspect has secreted within their body any property:
− that may be evidence or
− the possession constitutes an offence
Who may conduct an internal search?
An internal search must be conducted by a registered medical practitioner
Does a suspect have to consent to an internal search? MoD
The suspect must voluntarily consent to an internal exam.
When must a medical practitioner not conduct an internal search? MoD
- may be prejudicial to the suspect’s health,
or - the suspect is not prepared to permit an internal exam to be conducted
If a suspect fails to agree to an internal exam, and
the court is satisfied the requirement by a medical practitioner was properly made on reasonable grounds
a court may??
- decline the person’s bail application, and
- order the suspect continue to be detained in Police custody, until the earlier of the following occurs:
− the expiry of 2 days or
− they permit the examination to be conducted
Section 81 –Searches of persons/places/mvs relating to deliveries under 12 Misuse of Drugs Amendment Act 1978
* Customs Officers (CO)
a const or Customs officer may,
during the course of a delivery
where a CO has exercised their powers under12 Misuse of Drugs Amendment Act 1978,
do any or all w/out a warrant:
(a) search person involved in a delivery
(b) enter & search any place/craft/vehicle;
(c) seize anything that they have RGB is
a controlled drug/a precursor substance/a package in which the Customs officer has replaced all or a portion of any controlled drug or precursor substance/evidential material in relation to the commission of an offence under MoD Act 1975.
**The search power may be exercised only ‘during the course of a delivery’ and not once it is ‘delivered’.
Section 124 Search and Surveillance Act 2012 – Internal searches generally prohibited, except for??
An enforcement officer must not conduct an internal search of any part of the body of any person, except for, with the person’s consent, searching the person’s mouth.
