INTOXICATED PEOPLE (CARE AND PROTECTION) ACT 1994 - SECT 4 Detention of intoxicated people
INTOXICATED PEOPLE (CARE AND PROTECTION) ACT 1994 - SECT 4
Detention of intoxicated people(1) If a police officer believes, on reasonable grounds, that a person in a public place is intoxicated and is, because of that intoxication—
(a) behaving in a disorderly way; or
(b) behaving in a way likely to cause injury to himself, herself or another person, or damage to any property; or
(c) incapable of protecting himself or herself from physical harm;
the officer may take the person into custody and detain the person.
(2) The police officer may take the person into custody only if the officer is satisfied that there is no other reasonable alternative for the person's care and protection.
(3) A person detained under subsection (1) must be released—
(a) when the person ceases to be intoxicated; or
(b) at the end of 8 hours after the person is detained;
whichever is earlier.
(4) A police officer must not allow a person detained under subsection (1) to remain at a police station where the person was detained for longer than 12 hours after the person is first detained.
(5) This section does not prevent a police officer from releasing a person detained under subsection (1) if, in the police officer's opinion, it is reasonable to release the person.
(6) For subsection (5), a police officer is taken to have acted reasonably if the officer releases a person detained under subsection (1) into the care of the manager of a licensed place.