Questions 06

Question 1

Section 16 of Bail Act 2000

Answer 1

A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise.

Question 2

Definition of dealing offence

Section 3 Bail Act 2000

Answer 2

(a) Any offence against sec6 or 12C(1)(a) of the MODA75 in relation to a Class A controlled drug or a Class B controlled drug; or
(b) An attempt to commit an offence referred to in paragraph (a)

Question 3

Statutory limitation for drug charges

Answer 3

Sec 28(a) allows you to file charging documents at any time for offence of:

1. Dealing (s6)
2. Cultivating (s9)
3. Aiding offences against corresponding law in another country (s10)

S28(b) States the limitation period for any other offence against the Act or any regulations made under it, is four years after the date on which the offence was committed.

Question 4

Who proves drug is useable?

Sec 29 MODA 75 - Issue of usable quantity

Answer 4

While it is necessary that the amount of the controlled drug is of a useable quantity, under s29A it is not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue.

Question 5

Evidence to look for in a search warrant involving controlled deliveries

Answer 5

1. Track and trace receipts
2. Correspondence
3. Computers, faxes and cellphones
4. Emails
5. Contact lists / numbers
6. Packaging from previous importations
7. Money and financial records
8. Scales and packaging etc in relation to supply charges
9. PO Box documentation
10. Travel documentation
11. Passports

Question 6

Signs of a clan lab (exterior and interior)

Answer 6

1. Chemical odours, coming from the building, rubbish or detached buildings. The odours can be sweet, bitter, ammonia or solvent smells.
2. Exhuast fans running at odd times. Frequent visitors at odd hours. Windows blackened out or curtains always drawn. People coming outside only to smoke.
3. Occupants unfriendly, appear secretive about their activities, exhibit paranoid or odd behaviour.
4. Expensive security and surveillance gear.
5. Access denied to landlords, neighbours, other visitors.
6. Rubbish containing a large amount of cold medication containers or packaging.
7. Also bottles, plastic containers and boxes with labels removed.

Question 7

Clan lab safety considerations

Answer 7

1. Leave the area immediately, your safety is paramount.
2. Never touch, taste or smell any chemicals or equipment.
3. Do not attempt to stop the chemical reaction, or turn any electrical devices such as lights or fans on or off. The simple act of turning on an electrical switch may cause an explosion.
4. Do not shut off the water supply to the house or the chemical reaction.
5. Do not smoke in or near a Clan Laboratory.
6. Do not use tools, radios, cellphones, torches or devices that produce spark or friction.
7. Do not re-enter premises.

Question 8

12 Things you must do for initial action at clan labs where C/YP located

Answer 8

1. Removal of the CYP from the immediate scene.
2. Assigning of an officer to look after and monitor the CYP. This officer will make themselves known to the Social Worker when they arrive at the scene.
3. Age appropriate explanations to the CYP about what is going to happen to them, i.e. the need to use special clothing.
4. Assessment of the CYP by ambulance staff for injury, illness or respiratory distress.
5. Request for OT attendance at the scene (if not already done).
6. Distribution of suitable (PPE) to OT staff, together with a decontamination Kit for each CYP.
7. Placing of the CYP in a Tyvek suit or having them wrapped in a blanket. This must occur before handover to OT staff.
8. Most appropriate decontamination for the CYP.
9. Photographing of the CYP at the scene.
10. Recording of the physical condition of the CYP including any injuries.
11. Recording of the mental state of the CYP.
12. Consider securing the clothing worn by the CYP as an exhibit.
13. Preliminary interview with the CYP.
14. Informing the OT Social Worker of the power/authority used to remove and detain the CYP before placing them in the care or custody of OT.
15. Furnish the Social Worker with a copy of the s39 warrant or a copy of the completed s42 placement form.
16. Briefing of the Social Worker of any relevant information gained from the preliminary interview, including any known medical conditions or medications required by the CYP.
17. Briefing of the Social Worker of any health and safety concerns resulting from the medical assessment.

Question 9

Things to cover in initial interview with C/YP at clan lab

Answer 9

1. Basic health questions such as: headaches, nausea, breathing difficulty, dizziness, fatigue etc.
2. The occupant’s details.
3. Details of other siblings, children or YP’s at the address.
4. The sleeping arrangements.
5. The playing and eating areas.
6. School or pre school details.
7. The name of their doctor.
8. Knowledge of drugs, manufacturing, dealing activities.

Question 10

Three steps for using certificate of analysis instead of calling ESR analyst to give evidence

Answer 10

1. In person to the analyst who is to issue the certificate,
2. Or to a person authorised by the analyst to receive it by registered post or by courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge at the laboratory.
3. sec 31(3)(a) of the MODA75 says that the defendant must be given a copy of the analyst’s certificate, and written notice that the analyst will not be called, at least 7 clear days before the hearing at which it is to be presented as evidence. If they do not wish to accept
   the certificate as evidence, the defendant has to give notice in writing, at least 3 days before the hearing, that they wish the analyst to be called as a witness by the prosecution.