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Flashcards in Drugs / Organised Crime Deck (13)
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1

Section 20

Search and Surveillance Act 2012

Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—

(a) to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—

(i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or

(ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or

(iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or

(iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and

(b) to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and

(c) to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.

2

ection 116

Search and Surveillance Act 2012

Securing place, vehicle, or other thing to be searched

(1) The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,—

(a) secure the place, vehicle, or other thing searched, any area in or on that place, vehicle, or other thing, or any thing found in or on that place, vehicle, or other thing:

(b) exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.

(2) A person who exercises any power under subsection (1) must, on the request of

any person affected by the exercise of the power,—

(a) identify himself or herself either by name or by unique identifier; and

(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and

(c) if not in Police uniform, produce evidence of his or her identity.

3

Section 118

Search and Surveillance Act 2012

Powers of detention incidental to powers to search places and vehicles

(1) If any constable or other person, or a person assisting any constable or other person, exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search, detain any person—

(a) who is at the place or in or on the vehicle at the commencement of the search; or

(b) who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.

(2) A person may be detained under subsection (1) for any period that is reasonable, but not for longer than the duration of the search.

(3) A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in or on the vehicle and ends when that person is told by the constable or other person, or a person assisting the constable or other person, exercising the search power that he or she is free to leave the place or vehicle.

(4) Reasonable force may be used for the purpose of e ecting and continuing any detention under subsection (1).

(5) For the purposes of subsection (1), other person means a person to whom section 115(2) applies.

4

Section 125

Search and Surveillance Act 2012

Special rules about searching persons

R - Reason for the search

A - What act are you using

N - Name and identification

5

Section 169

Search and Surveillance 2012

When you use a warrantless power of entry, search or surveillance you must report this by completing an online notification form as soon as practicable.

The notification must contain:

a short summary of the circumstances
the reasons you needed to exercise the warrantless power
whether any evidential material was seized
whether any criminal proceedings have been brought or are being considered as
a consequence of seizing that evidential material.
You do not need to report on:

a search of a person following their arrest or a search of a person following their detention under any other enactment (ss85 or 88)
a search of a person in lawful custody (s11)
a consent search (ss91-96)
the exercise of a power of entry that does not confer a power of search (such as
s14 – entry to prevent offence or respond to risk to life or safety).

6

Section 131

Search and Surveillance Act 2012

Identification and notice requirements

When you are using a search power in relation to a place or vehicle or other thing (with or without a warrant), you must comply with a series of identification and notice requirements.

R - Reason

A - Act

I - Intention

N - Name

7

Section 133

Search and Surveillance Act 2012

133 Inventory of items seized
(1)
The person who carries out a search must, at the time he or she seizes any thing, or as soon as practicable after the seizure of any thing, and in any case not later than 7 days after that seizure, provide to the occupier of the place, or the person in charge of the vehicle or other thing, from where the seizure took place, and to every other person who the person who carried out the search has reason to believe is the owner of the thing that was seized,—
(a)
written notice specifying what was seized; and
(b)
a copy of the authority referred to in section 131(1)(b).
(2)
A written notice referred to in subsection (1)(a)—
(a)
must contain information about the extent to which a person from whom a thing was seized or the owner of the thing has a right to apply—
(i)
to have access to the thing; or
(ii)
to have access to any document relating to the application for a search warrant or the exercise of any other search power that led to the seizure; and
(b)
must contain information about the right to bring a claim that any privileged or confidential information has been seized; but
(c)
need not be provided to the occupier of the place or person in charge of the vehicle or other thing from which the seizure took place, if the person who carries out the search is satisfied that none of the items seized are owned by that person.
(3)
If the occupier of the place or person in charge of the vehicle or other thing is not present at the time of seizure, a written notice referred to in subsection (1)(a) and a copy of the authority referred to in section 131(1)(b) may be provided to that person by leaving the notice in a prominent position at the place, or in or on the vehicle or other thing.

8

Possession or Use of Controlled Drug

Misuse of Drugs Act 1975

Section 7(1)(a) & 7(2)(a) or 7(2)(b)

Procure

Means to purchase or obtain.
OR
Possess

Knowingly has in their possession or under their control, a usable quantity.
OR
Consume

Ingest (eat or drink).
OR
Smoke

Inhale smoke.
OR

Otherwise use

Use of a drug in any manner whatsoever other than above.

Any controlled drug

Any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975.

9

Cultivation of Prohibited Plants

Misuse of Drugs Act 1975

Section 9(1) & 9(2)

Cultivates

To grow or germinate (includes to sow or plant).

A prohibited plant

Any prohibited plant listed in section 2 of the Misuse of Drugs Act 1975.

10

Possession of Instruments - Pipes / Utensils

Misuse of Drugs Act 1975

Section 13(1)(a) & 13(3)

Has in his possession

In their possession or under their control.

Any pipe

A container where material is burnt and the smoke is inhaled. Or
Any utensil

Instrument, vessel or implement for drug use.

For the purpose of the commission of an offence against the Misuse of Drugs Act 1975

An intention on the part of the possessor to use for the purpose of an offence against the Misuse of Drugs Act 1975 (either currently or in the future).

11

Possession of Instruments - Syringe / Needle

Misuse of Drugs Act 1975

Section 13(1)(aa) & 13(3)

Has in his possession

In their possession or under their control.

Any syringe

Hollow tube with nozzle and piston used for sucking and injecting liquids.

OR
Any needle

Sharp pointed, hollow tube used for injecting substances.

For the purpose of the commission of an offence against the Misuse of Drug’s Act 1975

An intention on the part of the possessor to use for an offence against the Misuse of Drugs Act 1975 (either currently or in the future).’

12

Possession of equipment, material, substances

Misuse of Drugs Act 1975

section 12A(2)(a) OR 12A(2)(b) & 12A(3)(b) or 12A(4)(a)

Has in his possession

Has in their possession or under their control

Any equipment or material capable of being used in, or for, producing or manufacturing a controlled drug or in the cultivation of a prohibited plant

Possession of equipment, material, substances

OR
Any precursor substance

Any chemical substance that in itself is not a controlled drug in the Misuse of Drugs Act 1975 schedules but, when broken down, can form one of these controlled drugs

With intent to use it for producing/manufacturing / cultivating a controlled drug.

13

Section 6

Miususe of Drugs Act 1975

Except for authorised people or pursuant to a licence under this Act, no person shall:

import/export/produce or manufacture, or
sell/supply or administer to any person, or
have in their possession with intent to supply or administer
any controlled drug.