Drugs, Mental Health & Alcohol Flashcards
(20 cards)
If you come across a clan lab unexpectedly, what should you do? (9)
- Alert all attending staff
- Remove POI’s
- Put cordons in place
- Preserve the scene
- Notify Inspector/NCO
- Contact fire/ambo
- Decontamination advice
- Keep everyone separate
- Seek medical advice if any adverse effects
Can Police do an internal search of a person’s mouth WITH their consent?
Yes, with their consent this is lawful. Though must be visual only, no instrument used.
In C v Police, a driver was stopped, he appeared to be under the influence of drugs. A search was conducted for drugs, meth and cocaine were located in his vehicle. Why was this search found to be unlawful?
Demeanor and appearance are strong grounds to suspect, though are not sufficient alone for belief.
In R v T, Police were searching a house and observed female put package in her mouth. She declined to spit it out, they held her by her face and demanded she do so. Was this lawful?
Yes. There was no internal search. They did not breach her human rights. Officers were acting for her safety.
S.175, the Sale of Liquor Act gives us what powers?
Enter a licensed premise (and any part of it), to assess whether complying with Act and conditions of the license. Can require licensee/manager to produce documentation and anything else reasonably required.
Define a mental disorder
An abnormal state of mind with delusions or severe issues with mood, perception, thinking, or decision-making, making the person a danger to themselves or unable to care for themselves.
How long can we detain person under the mental health act?
6 hours
Police have no power under the Mental Health Act to ‘enter’ a private premise if person is causing problems. What other situations can apply that provide us with a power of entry? (6)
- W/L for U/L at large (S.7)
- W/L other offending (S.8)
- W/L for emergency (S.14)
- W/L for arms (S.18)
- Trespass
- Returning patient to hospital if they are absent w/o leave
S.19 of the S&S Act is the W/L search of a person when a search warrant is being executed, what three conditions must be met? (3)
- Police have S.6 warrant which relates to MODA offence
- The warrant is being executed by a Constable
- Person is found in place/vehicle specified in warrant
S.20 of the S&S Act, a constable may enter/search a place/vehicle w/o a warrant if they have: (3)
- RGTS offence against MODA has/is/will be committed
- RGTB controlled drug/precursor substance in/on the place/vehicle
- RGTB E.M will be CADD
How does S.21 apply to S.20 of the S&S Act?
While executing W/L search under S.20 of a place/vehicle, S.21 allows you to search any persons found in place/vehicle.
S.22 of the S&S Act is the W/L search of a person for controlled drugs or precursor substances. What conditions apply?
- RGTS offence against MODA has/is/will be committed
- RGTB person in possession of controlled drug or precursor substance
S.22 of the S&S Act is the W/L search of a person for controlled drugs or precursor substances. What does it NOT allow?
Entry and search of places or vehicles. Recommeded to use S.20/21 instead if this is required.
What offence/circumstances must apply for an internal search? (2)
- Arrested for an offence against controlled drug offending
AND - RGTB secreted E.M in their body which relates to offence
An internal search is a medical examination by a doctor to check inside a person’s body for concealed drugs. How is this conducted? (3)
- Manual/visual inspection
- Instrument/device may be used
- Includes x-ray
What is not an internal search?
Visual check of the mouth, nose, and ears using a light or magnifier, without inserting anything into those areas, is not an internal search. This is part of a rub-down search.
Who can conduct an internal search?
Registered medical practitioner
For an internal search conducted by a medical practitioner, is consent required?
Yes
If the person declines to have an internal examination, how does this affect their bail application? (2)
- Decline bail
- RIC for up to 2 days, or until they consent to the internal examination
S.81 of the MODA allows Police or Customs officers to conduct W/L search of people, places, and vehicles during a drug delivery. What is the suspect/belief required? (2)
- RGTS offence under the MODA has/is/will occur
- RGTB person is in possession of controlled drugs/precursor or E.M
