Drugs, alcohol and mental health

PhilandTracy Sayers
Flashcards by PhilandTracy Sayers, updated more than 1 year ago
PhilandTracy Sayers
Created by PhilandTracy Sayers almost 6 years ago
22
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Flashcards on Drugs, alcohol and mental health, created by PhilandTracy Sayers on 06/10/2015.

Resource summary

Question Answer
Unplanned entry into a clan lab -Immediately remove all persons -Isolate site - maintain perimeter -Preserve crime scene -Notify duty Insp/NCO and local Fire/Ambo -Seek advise Clan Lab member/Fire Service re decontamination process -Occupants/staff who entered to remain separated until decontaminated -seek medical advice for any effects
Warrantless search of a place/vehicles in relation to some MODA offences Const may enter & search vehicle/place if RGB not practicable to obtain S/W AND in there are drugs (schedule 1-4) RGS MODA offence has/is/will committed RGS if entry/search delayed evidential material will be CADD
s21 S & S Act Warrantless search people found in/on places or vehicles When searching under s20 (place/vehicles) for drugs without a warrant may also search any person in place/vehicle
s124 S & S Act Internal Searches - are they allowed? Not permitted except for persons mouth with consent constable must not allow any person to conduct internal search except s23 (internal search under MODA)
When may you conduct a warrantless search of a person for drugs? RGB person in possession of a controlled drug/precursor -and- RGS offence has/is/will be committed against MODA
Should you seek approval for a warrantless searches of a person Unless impractical obtain approval from Sgt or above before exercising this power
What is an internal search? Examination of body using an X-Ray or similar - or- manual/visual through any bodily orifice (includes with instruments)
HILL v ATTORNEY GENERAL Reasonable Grounds to Believe (s20 S&S search) (Drug search of taxi) Taxi stopped and searched without warrant for drugs. Found by appealed. HELD that although a RGB for "drugs" in vehicle, there was no belief of the exact type of drug to be searched for which is necessary to invoke the search power
COLLINS v POLICE Search demeanour, appearance and RGB (slow driving car-wide eyed driver) Early hours search of vehicle after seen driving 10kph, expired reg and wide eyed driver (appeared recent meth use) Searched and drugs found. Appeal court held that police probably suspected he had drugs, not enough evidence for a BELIEF
R v T Internal search (drugs in mouth) During search suspect had something in her mouth. Restrained and told to spit out; attempted to swallow. Held down and eventually spat tablets out. APPEALED U/L search/seizure. Stands - visual exam saw object and no bodily invasion made.
R v ROULSTON Internal search (drugs hidden in undies then swallowed) Suspect strip searched and drugs seen in underpants which he placed into mouth. Force applied to neck by police and nose held. Package spat out. APPEALED - held as lawful and reasonable as no internal search made and was also for safety of suspect to get package
SNELLER v POLICE Obstruction, internal search (drugs hidden in mouth) Suspect refused to spit object from mouth & struggle failed to overcome him. Small pieces of plastic found (neg to drug tests). As Police tried to force his mouth open seen by court as conducting an internal search. His resistance was not found to be obstructive. Appeal held
What is a mental disorder? Abnormal state of mind such as delusions, disorders of mood or perception so: -poses serious danger H&S any person -seriously diminished capacity to care self/another
s109 Mental Health Act Police may apprehend a person appearing to be mentally disordered in a public place -Person at large p/place acting in manner reasonable belief they are disordered -take to Police Stn/ Hospital and arrange for Medical Practitioner to assess asap. -If Dr believes no disorder > release If RGB suffering disorder AND person needs assessed in own interests, Dr must issue Certificate 8A and Police may detain until assessment complete or take to unit (6hr max detention)
Power to assist medical practitioner regarding mental health if called upon to do so -May enter premises of patient -MUST, if not uniform produce ID -At request of Dr, detain person or take to place nominated by Dr to detain patient (detention max 6 hrs) If Dr deems sedation necessary may call upon police to help administer drug
Mental Health Are police allowed a Use of Force and if so in what circumstances? Can use force which is reasonably necessary in an emergency to: -take/retake patient - OR- enter premises - OR- detain patient Need to verify an emergency with Dr. If detained provide rights. If force more than trifling, use of force report (copy to Dr)
What power do you have for a person wandering at large who you reasonably believe has a mental disorder? Power to apprehend if in interest of the person or public to do so under the Mental Health Act
What does a mental disorder NOT include Political / religious / cultural beliefs Sexual preferences Criminal behaviour Substance abuse Intellectual disability
What enquiries/actions should be taken when you locate a person you believe may be mentally disordered in a public place QP - see if missing from MH Unit or known psychiatric history (call hospital) -Take to station, hosp, surgery etc - arrange for a doctors exam asap
Power to detain a person in urgent situations for assessment Can detain person (max 6hrs) until examination conducted / take to place proposed by Dr for examination. Use force as reasonably necessary (use of force report)
Can you enter private property in relation to Mentally disturbed persons No power under MH Act to enter private prop or detain a person with a mental disorder UNLESS asked to do so by DAO or Medical Practitioner. Consider TENR. If action needed seek help from DAO, persons, Dr, friends, family or other legislation to gain entry. If the person has committed an offence punishable by prison, S & S act allows entry to effect arrest
Powers of entry under S & S Act to assist in Mental Health situations s14. Power to enter private property/vehicle without warrant if suspect is risk to life or safety requiring an emergency response. If RGS entry will prevent offence being committed or someone may injure someone or damage or cause serious loss of property
Powers of entry to private premises under to assist in Mental Health situations S & S Act s18 (firearms) RGS person in possession of a firearm but due to their mental condition renders them incapable of proper control
Use of Force in Mental Health situations s41 USE SUCH FORCE AS REASONABLY NECESSARY TO PREVENT SUICIDE OR COMMISSION OF OFFENCE THAT MAY CAUSE IMMEDIATE HARM OR SERIOUS DAMAGE TO PROPERTY
Sale and Supply of Alcohol What is the object of the act? Sale, supply, consumption of alcohol should be undertaken safely and responsibly Harm caused by excessive/inappropriate consumption should be minimised
Sale and Supply of Alcohol The act talks about "harm", define it Crime, damage, death, disease, illness, injury DIRECTLY or INDIRECTLY harm to society or community in general
Sale and Supply of Alcohol Irresponsible promotion of alcohol is an offence when? -Encourages consumption of alcohol to excess (any place) -Promotes/advertise/discounts price 25% below normal (except licensed premises or off licence catalogue) -Promotes free alcohol (except sampling or a licensed promotion which can't be seen or heard from outside) -Promotes/appeals alcohol to minors
Sale and Supply of Alcohol Powers of entry onto licensed premises Const/Inspector: -MAY at any reasonable time enter and inspect any licensed premises to ascertain if complying with act. - MAY at ANY time enter and inspect if RGB offence against act is being committed -MAY require license to be procuced
Sale and Supply of Alcohol Closure of premises by order If a riot occurs or RGB a riot may occur at any place. a DC Judge / 2 JP's / 1 Comm Magistrate may at request of a constable order every licensee within a specified distance to close their premises for sale of alcohol for max 24hrs. Police may use reasonable force to close premises.
Sale and Supply of Alcohol Closure of licensed premises by police If a riot is taking place or RGB riot may occur licensed premises -or- there is fighting or serious disorder or RGB will occur -or- significant threat to public H&S -or- conduct of licensed premises amount to public nuisance - or RGB offences committed excess of 5yrs prison, Constable may order the closure of any licensed premises from sale of alcohol (max 24hrs) and may use force to do so.
What is the definition of RIOT (in closing a premises) 6 or more persons, acting together, and are using violence to persons or property to the alarm of persons in the neighbourhood
Police power to demand information in relation to offendes Constable who RGS person has/is/attempting to commit offence may require them to provide name/address/DOB If Const has RGB details false may require satisfactory evidence of them. Failure to do so is arrestable (false particulars)
A Constable may order the immediate closure of a licensed premises (or part thereof) from selling alcohol for up to 24 hours from the END of the DAY the ORDER MADE if one of what 5 circumstances exist? -Riot taking place or RGB a riot may occur on any licensed premises -Serious disorder or RGB fighting/serious disorder about to break out on any licensed premises. -Significant threat to public H&S -Conduct on any licensed premises amounts to substantial public nuisance -RGB offences +5yrs committed and significant risk further such offences committed if remains open
What is the definition of a licensed premises Any premises for which a license is held for the sale, supply and consumption of alcohol
What is the definition of a licensee Person who holds a license; and in relation to any licensed premises, means the person who holds the license concerned
What is the definition of a Manager The manager of a licensed premises appointed under the Sale and supply of Alcohol Act; and in relation to any licensed premises, a manager of those premises
Who is authorised to close licensed premises? If a Constable is satisfied on reasonable grounds one of the five conditions exist they should inform a Sgt (includes Comms Sgt) for authority to immediately order the closure of the licensed premises
When closing a premises, how long must the licensed premises remain closed? The closure takes place immediately and is in force until a time stated in the order - no later than 24hrs from the end of the day on which the order was made
When closing a premises what may you prohibit? Prohibit the sale of alcohol Order any person to leave the licensed premises or any part of that premises
What can the licensee or manager do as soon as an order is made to close their premises? The licensee or manager may apply to a DC Judge (2 or more JPS or a Community Magistrate) to have the decision reviewed. The judge may revoke the order or revoke with conditions or refuse to revoke it.
What are the factors to consider in deciding to close a licensed premises? Effects of disgruntled patrons (disorder) Weight of the evidence Previous interactions with police Likelihood of escalating violence Duration of closure - Impact on the licensee APPLY T.E.N.R.
What are the factors to consider in deciding the length of time to close a premises? When order is likely to be restored If closure is sufficient to address the public nuisance concerns Impact on the licensee
Local Government Act Power of arrest, search, seizure in relation to alcohol bans Const may without warrant To ascertain if alcohol is present, search -any container (bags etc) in possession of a person or vehicle in a restricted space (liquor ban area). -Remove and seize any alcohol -Arrest for breaching ban Arrest for failure to comply with direction to leave restricted area or surrender alcohol.
Local Government Act What is the status of any alcohol seized from a liquor ban Alcohol seized in a liquor ban area is forfeited to the Crown if the person from whom it was taken pays the infringement fee Consider taking a sample of alcohol if a defended hearing is anticipated
Local Government Act Liquor Bans Conditions relating to Power of search Before exercising power of search (person/vehicle) constable MUST: -inform person of opportunity to remove alcohol from that place -provide reasonable opportunity to do so (UNLESS WHERE A LOCAL BYLAW)
Enforcement principle for alcohol bans -Enforcement -not strict compliance but to have a regard to reason for the ban -Time/Place/Circumstance relevant to determine any enforcement -Enforcement directed to prevent alcohol related harm/antisocial behaviour
Liquor Bans Methods of enforcement of Ban (what options are available) Warning Disposal of alcohol Leave restricted area Infringement notice Arrest
Liquor Bans When considering arrest the breach should be focused on what? -Behaviour amounting to intimidation, bullying, victimisation or disruptive. -Such behaviour likely to alarm, seen as threatening to others present and may cause them to leave area. -Evidence of intoxication in p/place -A gathering of individuals likely to result in antisocial behaviour
What constitutes a breach of a liquor ban in a liquor ban area? Consuming alcohol Bringing alcohol Possessing alcohol
What are the exceptions to the liquor ban? Alcohol in unopened containers may be: -transported from off license next to liq. ban are and to be taken away from area. -transport from outside liq ban area for delivery to licensed premises -transported outside liq. ban area for delivery to a resident next to liq ban area
Local Government Act - Liquor Bans Power of arrest, search and seizure What are the obligations? Inform person in possession of alcohol or the vehicle that they have the opportunity of removing the container or vehicle from the public place - AND - provide a reasonable opportunity to do so. If the place has been specified (public notice 14 days in advance) and indicated by signs as liquor ban - may search/seize immediately
If a person is arrested for a breach of the liquor ban, what to do with them? Release from custody as soon as the reason for their arrest is no longer present; if they are intoxicated release when sober
Good practise for suspects with liquor in liquor ban areas Obtain ID details Note their knowledge of the liquor ban area and their possession is a breach Note if alcohol labelled, smells like alcohol Note is admits alcohol or appears 1K Alcohol should be forfeited by offender and destroyed by them immediately and notebook endorsed.
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