The Law Handbook 2024

Chapter 3.2: Drug offences 141 • trafficking a drug of dependence (s 71AC); • cultivating narcotic plants (s 72B). Participating in CISP can help to satisfy the court that there is not an unacceptable risk of the defendant re-offending because they are willing to address their drug problem (see ‘Court Integrated Services Program’, above). For more information about bail, see Chapter 3.6: How bail works. Search and forfeiture Search with warrant A warrant to search premises for drugs or for evidence of the commission of drug offences can be obtained from a magistrate by a police officer over a particular rank (s 81 DPCS Act). A search warrant directed to a named police officer may be executed by any member of the police force (s 81(1AA)). Evidence is required of the grounds for the belief that there are drugs on the premises or that drug offences are being committed. The magistrate must be satisfied that there are reasonable grounds for the belief before granting the warrant. The warrant may authorise the police to enter specified premises (if necessary by force) and to search those premises and any persons or vehicles found there. The police officer who executes the warrant must lodge with the Magistrates’ Court nearest the premises a signed written report giving particulars of all searches, persons arrested and things and documents seized and carried away (s 81(4) DPCS Act). An arrested person or the owner or occupier of the premises may apply to the court for an order to inspect this report (s 81(5)). Search without warrant (stop and search) Police officers may search any person or vehicle in a public place if there are reasonable grounds for suspecting the presence of drugs. Drugs or devices used in the manufacture, sale or use of any drug may be seized and carried away (s 82 DPCS Act). Property seized may be subject to forfeiture. Section 83 of the DPCS Act deals with forfeiture and the destruction of seized drugs or devices before conviction. Common law search of the person At common law, police officers have the power to search a person who has been taken into custody if there are reasonable grounds for believing that they are concealing on their person items that may be evidence of the commission of an offence (e.g. drugs), or items that may be used to escape or to injure themself or another person. It is standard practice for police officers to search people they take into custody. Volatile substances search Police officers have additional powers to search for and seize volatile substances. These provisions are intended ‘to protect the health and welfare of persons under 18 years of age’ who are engaged in inhaling volatile substances (commonly known as ‘chroming’). Police officers must consider the ‘best interests’ of any person under 18 years of age who is subject to any of these powers (s 60B DPCS Act). Significantly, these laws do not make it an offence to possess or inhale volatile substances. Search and seizure of volatile substances The DPCS Act facilitates the on-the-spot search and surrender of substances and items used for chroming. So, police officers may, without warrant, search a person, or search things in that person’s possession or control, for a volatile substance or an item used to inhale a volatile substance (s 60E DPCS Act); such substances and items can be seized by the police. To conduct such a search, the police officers must reasonably suspect the person is: • under 18 years of age; • in possession of, or control of, a volatile substance or an item used to inhale a volatile substance; and • inhaling or going to inhale the substance. The powers to search (s 60F) and seize (s 60J) extend to persons of any age if the police reasonably suspect a person intends to provide a volatile substance or an item to a person under 18 to inhale or use to inhale. Sections 60G and 60H of the DPCS Act detail the procedure for conducting a search. This includes the requirement that police officers inform a person that it is not an offence to possess a volatile substance or item used to inhale, but that police officers have the power to search for and seize such items and may use reasonable force to do so. Police must ask a person to produce any such substances or items they have in their possession. Police officers must also provide their name, rank and place of duty, in writing if requested (s 60G).