Drugs Flashcards
(10 cards)
What is section 19 of the Search and Surveillance Act?
A constable may search any person found in or on a place or vehicle, in relation to which a search warrant has been issued, if the offence sepcified in the search warrant is an offence against the Misuse of Drugs Act 1975.
There are three conditions that must be met for Section 19 of the Search and Surveillance Act, what are they?
- A search warrant has been issued in respect of an offence against the Misuse of Drugs Act, and
- The warrant is being executed by a constable, and
- that the person is found in or on the place or vehicle specified in the warrant
What is Section 20 of the Search and Surveillance Act?
A constable may enter and search a place or vehicle without a warrant if they have reasonable grounds to believe that
- it is not practicable to obtain a warrant and that in or on the place or vehicle there is a controlled drug or precursor substance; and
- suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act has been, is being, or is about to be committed in relation to that controlled drug or precursor substance; and
- believe that if the entry and search is not carried out immediately, CADD will occur
What is Section 21 of the Search and Surveillance Act?
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
What is Section 22 of the Search and Surveillance Act?
A constable may, without a warrant, search a person if they believe on reasonable grounds that the person is in possession of a controlled drug or precursor substance
What is Section 23 of the Search and Surveillance Act?
An internal search may be conducted if the person is arrested for an offence against section 6 (dealing with controlled drugs), 7 (possession and use of controlled drugs), 11 (theft, etc., of controlled drugs)
And
that there are RGB that the person arrested has secreted within their body any property:
- That may be evidence of the offence with which they are charged, or
- the possession of which by the suspect constitutes any other offence against sections 6, 7, or 11 of the Misuse of Drugs Act.
An internal search is the use of a an X-ray machine or something similar, a manual or visual examination (whether or not facilitated by any instrument or device) through any body oriface.
This does not include a visual search of the mouth, nose, and ears where no device is inserted. This is permitted as a rub-down search.
Who may conduct an Internal Search pursuant to Section 23 of the Search and Surveillance Act?
Must only be conducted by a registered medical practitioner.
When will a medical practitioner not conduct an internal search?
When they consider that to do so may be prejudicial to the suspects health, or
Are satisfied that the suspect is not prepared to permit an internal examination
What may happen should a person not consent to an internal search?
The court may decline to consider the person’s bail application and may order that the suspect be detained in police custody until the earlier of the following occurs:
- the expiry of the 2 days after the day on which they were required to permit an internal search; or
- they permit the examination be conducted
What is Section 124 of the Search and Surveillance Act?
Unless authorised by another enactment, an enforcement officer must not conduct an internal search of any part of the body of any person, except for, with the persons consent, searching the persons mouth.
A constable must not require any other person to conduct an internal search, except as provided in section 23.
