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BrickCop
12-31-2004, 11:06 AM
Outside of the US/Canada....

Who/what agency investigates drug activity- do you guys have specialized Drug Control /Narc Enforcement Units like we have in the US? What level of info/proof do you need to search someone's house for drugs (search warrant)?

Are Restraining orders widely used like over here? How are Domestic Violence incidents handled in your country? Is an arrest mandatory for say, a guy who punched his wife?


Thanks

oscarmitre
01-01-2005, 06:12 AM
Originally posted by BRICKCOP
Outside of the US/Canada....

Who/what agency investigates drug activity- do you guys have specialized Drug Control /Narc Enforcement Units like we have in the US? What level of info/proof do you need to search someone's house for drugs (search warrant)?

Australia - South Australia

Australian Federal Police and Customs concentrate on imports. State/Territory police have specialised detective squads/units/task forces to concentrate on domestic traffickers but do cooperate well with the federal agencies.

In South Australia we need to have a "reasonable belief" to suspect. We apply to a senior police officer or magistrate for a specific warrant. Detectives also have a general search warrant which they may use as well.

Are Restraining orders widely used like over here? How are Domestic Violence incidents handled in your country? Is an arrest mandatory for say, a guy who punched his wife?

Restraining orders are used in my state. DV is handled by patrols. There is no mandatory arrest because such an instruction under our law would be illegal. A police officer is expected to take positive action if there is sufficient evidence.

Sgt Lobster
01-01-2005, 11:39 AM
England & Wales: At a national level drug enforcement is carried out by the National Crime Squad & Customs & Excise. Lower level stuff is dealt with by individual forces.

If you have reliable information you can obtain a search warrant from a Magistrate. We have extensive powers of search after arrest & an inspector or above can also authorise searches of premises, vehicles etc controlled/owned by an arrested person.

'Restraining Orders' can be imposed following a criminal conviction under the Protection from Harrassment Act. Civil injunctions can also be obtained. Most domestics are dealt with by patrol officers, positive action is expected but there is no mandatory arrest policy as this would potentially be unlawful.


Lobster.

Sleuth
01-03-2005, 12:30 PM
oscarmitre, when you post that there is a 'general search warrant', is that like the old English "Writ of Assistance" (once used in the US) that allowed a search without a specific warrant for place and things to be searched?

oscarmitre
01-06-2005, 07:52 AM
Not familiar with the writ of assistance Sleuth but it sounds similar. This is the enabling legislation

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Sleuth
01-06-2005, 03:51 PM
Yup, that is a "Writ of Assistance", as orginated in the UK. They were used in the US in the very early days, and were abused. Thus, our Constitution requires a warrant, issued by a compent court having jurisdiction, and specifying the place to searched amd the items to be searched for. It must be based on probable cause.

I have seen a WofA, issued to a colonial Customs Officer, prior to our rebellion against such practices. We feel 'a man's home is his castle'!

Ex-plod
01-09-2005, 12:00 PM
I think the law and legal process might have come along a bit since the rebellion! Most officers here are happy with the powers given them by the Police and Criminal Evidence Act. Whilst you have to be able to justify your actions, you can do a lot more without the need to apply to a magistrate for a warrant all the time which can certainly speed things up and help doing the job.
As to the original thread, when I joined in 1985 domestics were often resulted as words or advice or told to see a lawyer. Now the officers in the Met have a book to complete satting the reasons for their actions, why there was no arrest made if thats the case, details of the children etc etc etc etc. Now a domestic call takes hours to complete. All boroughs have specialist domestic violence units to follow up all the calls and deal with all domestic violence prisoners.