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INTOXICATED PERSONS ACT 1979 - SECT 5 Detention of intoxicated persons

This legislation has been repealed.

INTOXICATED PERSONS ACT 1979 - SECT 5

Detention of intoxicated persons

5 Detention of intoxicated persons

(1) A police officer may detain an intoxicated person found in a public place who is:
(a) behaving in a disorderly manner or in a manner likely to cause injury to the person or another person or damage to property, or
(b) in need of physical protection because the person is intoxicated.
(2) A police officer is not to detain a person under this section because of behaviour that constitutes an offence under any law.
(3) An intoxicated person detained by a police officer under this section is to be taken to, and released into the care of, a responsible person willing immediately to undertake the care of the intoxicated person.
(4) An intoxicated person detained by a police officer under this section may be taken to and detained in an authorised place of detention if:
(a) it is necessary to do so temporarily for the purpose of finding a responsible person willing to undertake the care of the intoxicated person, or
(b) a responsible person cannot be found to take care of the intoxicated person or the intoxicated person is not willing to be released into the care of a responsible person and it is impracticable to take the intoxicated person home, or
(c) the intoxicated person is behaving or is likely to behave so violently that a responsible person would not be capable of taking care of and controlling the intoxicated person.
(5) An intoxicated person who is detained in an authorised place of detention under this section may be detained there by any detention officer.
(6) An intoxicated person who is detained in an authorised place of detention under this section:
(a) must be given a reasonable opportunity by the person in charge of that place to contact a responsible person, and
(b) must, as far as is reasonably practicable, be kept separately from any person detained at that place in connection with the commission or alleged commission of an offence, and
(c) if the intoxicated person is apparently under the age of 18 years--must, as far as is reasonably practicable, be kept separately from any person over that age detained at that place, and
(d) must not be detained in a cell at that place unless it is necessary to do so or unless it is impracticable to detain the person elsewhere at that place, and
(e) must be provided with necessary food, drink, bedding and blankets appropriate to the person's needs, and
(f) must be released as soon as the person ceases to be an intoxicated person.
(7) An intoxicated person detained under this section may be detained under such reasonable restraint as is necessary to protect the intoxicated person and other persons from injury and property from damage.
(8) This section does not authorise a responsible person into whose care an intoxicated person is released to detain the intoxicated person.