What to do with kids when removed from Clan lab?
- Get child assessed by ambulance staff
- Request for OT at scene
- Place CYP in Tyvek suit or wrap them in blanket
- Appropriate decontamination of CYP
- Photograph child at scene
- Securing clothing worn by CYP
What to ask kids in prelim interview - Clan lab?
- Basic health questions
- Their details and the details of other siblings/occupants etc
- Sleeping arrangements
- Playing and eating areas
- School details
- Name of Doctor
- Knowledge of drugs
Definition of drug dealing
(a)
any offence against section 6 or 12C(1)(a) of the Misuse of Drugs Act 1975 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)
Definition of informer
(1)
An informer has a privilege in respect of information that would disclose, or is likely to disclose, the informer’s identity.
(2)
A person is an informer for the purposes of this section if the person—
(a)
has supplied, gratuitously or for reward, information to an enforcement agency, or to a representative of an enforcement agency, concerning the possible or actual commission of an offence in circumstances in which the person has a reasonable expectation that his or her identity will not be disclosed; and
(b)
is not called as a witness by the prosecution to give evidence relating to that information.
(3)
An informer may be a member of the Police working undercover.
List surveillance devices and understanding of them
Visual surveillance device:
Recording equipment, videos cameras and CCTV etc. Assists you to observe and record
Interception device:
Intercepting a private communication. Assists you to hear and record
Tracking device:
Assists you in locating a person or thing, or ascertaining if anything has been handled.
What is a controlled delivery?
A controlled delivery occurs when a consignment of illicit drugs is detected, often concealed in some other goods, in circumstances making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and Police Officers, with a view to identifying and securing evidence against those involved for the importation/exportation.
Profiling address controlled delivery
- Occupants
- Local council, rates etc
- Council plans of streets
- Rubbish delivery
- HNZ
- Telecommunications providers
- Electricity and gas suppliers
Profiling addressee controlled delivery
- Previous occupiers
- Real person or false name
- Connections to delivery address
- Relevant convictions and notings
- Bank accounts, large deposits etc
- Full ID of target
- Photographs
Allowing premises to be used
12(1), MODA 1975
- Every person
- who knowingly permits
- any premises or any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance
- to be used for the purpose of the commission of an offence against this Act.
Obstructs
Section 16, MODA 1975
- Every person
- who wilfully obstructs, hinders, resists, or deceives
- any other person
- in the execution of any powers conferred on that other person by or pursuant to this Act.
Criteria for issuing a SDW, “You have RGTB…..
that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence
Criteria for issuing a SDW, “You have RGTS….
that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in Column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence
What the crown need to prove for supplying equipment
.- that the defendant has supplied, produced or manufactured equipment, material or precursors
- that those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
- that the defendant knows those items are to be used for such an offence by another person
Activities not requiring a SDW
Enforcement officer being lawfully in private premises and recording what he or she hears or observes there.
Covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them
Activities carried out by the enforcement officers use of a surveillance device, if that use authorised under any enactment other than this Act.
Definition of control
To control something means to exercise authoritative or dominating influence or command over it
When is it an offence to be in possession of a needle?
When it contains a useable amount of a controlled drug
11(1) - needle offence
Every person commits an offence who—
(a) offers to any other person, for use by that other person, a used needle or used syringe; or
(b) accepts for use a used needle or used syringe; or
(c) disposes of a needle or syringe in a public place.
Evidential transcripts
Transcripts must be a verbatim copy of the recorded version of the conversation.
Section 29B - Cannabis preparations
For the purposes of any proceedings for an offence against any of the provisions of section 6 or section 7 in relation to any cannabis preparation the following provisions shall apply:
(a)
it shall be for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols:
(b)
subject to paragraph (a), the preparation shall be deemed to have been produced by subjecting cannabis plant material to some kind of processing unless it is in a form that is clearly recognisable as plant material:
(c)
plant material means the whole or any part of the leaf, flower, or stalk of any plant (of whatever species):
(d)
the question of whether or not any preparation is in a form that is clearly recognisable as plant material shall, in the event of dispute between the prosecutor and the defendant, be determined by the jury (or, if there is no jury, by the Judge as a question of fact) by means of a visual inspection unaided by any microscope or magnifying glass (other than spectacles ordinarily worn) or by any other device.
