South Australian Consolidated Acts South Australian Consolidated Acts7—Apprehension of persons under the influence of a drug or alcohol
(1) Where a member of
the police force or an authorised officer has reasonable grounds to
believe—
(a) that
a person who is in a public place is under the influence of a drug or alcohol;
and
(b) that
by reason of that fact the person is unable to take proper care of himself,
the member of the police force or the authorised officer may apprehend that
person.
(2) The member of the
police force or authorised officer—
(a) may
exercise such force as is reasonably necessary to apprehend a person under
this section; and
(b) may
search the person apprehended for the purpose of removing any object that may
be a danger to that person or to others and remove and take custody of any
such object and any valuable object found on that person.
(3) Where a member of
the police force or authorised officer has apprehended a person under
subsection (1), he shall take that person as soon as reasonably
practicable—
(a) to
the place of residence, if any, at which the apprehended person is permanently
or temporarily residing and there release him from custody; or
(b) to a
place for the time being approved by the Minister for the purposes of this
paragraph and there release him from custody; or
(c) to a
police station; or
(d) to a
sobering-up centre for admission as a patient.
(4) Where a person
apprehended under this section is taken to a police station pursuant to this
section, the officer in charge of that station may detain the person and may
give such directions to that person as are reasonably necessary for that
purpose, but shall, before the expiration of the period of ten hours from the
time of apprehension—
(a)
discharge the person if the person has, in the opinion of the officer in
charge, so recovered from the effects of the drug of alcohol as to be able to
take care of himself; or
(b) if
not, cause the person to be transferred to a sobering-up centre for admission
as a patient.
(5) Where a person
apprehended under this section is taken to a sobering-up centre pursuant to
this section and admitted as a patient, he may be detained at the centre by
the person in charge of the centre, but shall be discharged—
(a) if
the person has, in the opinion of the person in charge, so recovered from the
effects of the drug or alcohol as to be able to take care of himself; or
(b) in
any case, before the expiration of the period of eighteen hours from the time
of apprehension of the person.
(6) Where a person
apprehended under this section is taken to a police station and detained
there, or is taken to a sobering-up centre and admitted as a patient, any
object removed from the apprehended person and taken into custody pursuant to
subsection (2) shall be returned to the person on, or before, his
discharge except where he indicates that he does not desire the return of any
such object.
(7) Where a child is
detained pursuant to this section, the person by whom he is detained shall, as
soon as practicable after the commencement of the detention, notify a parent
or other guardian of the child that the child has been so detained,
unless—
(a) the
whereabouts of every such parent or guardian is, after reasonable enquiries,
unknown; or
(b) it
is not, in the circumstances of the case, reasonably practicable to give such
a notification.
(8) Where a person
(including a child) is detained pursuant to this section, the person by whom
he is detained shall allow him a reasonable opportunity to communicate with a
solicitor, relative or friend.
(9) Notwithstanding
any other provision of this section, if—
(a) a
solicitor acting on behalf of a person detained in a police station pursuant
to this section, or a relative or friend of a person so detained, requests
that he be discharged into the care of the solicitor, relative or friend; and
(b) the
officer in charge of the police station is satisfied that the solicitor,
relative or friend is able and willing to care properly for that person,
that person shall be discharged into the care of the solicitor, relative or
friend.
(10) Where a child is
detained in a police station pursuant to this section, the officer in charge
of the station shall take such steps as are reasonably practicable to keep the
child from coming into contact with any adult person detained in the station.
(11) Nothing in this
section prevents an officer in charge of a police station or a person in
charge of a sobering-up centre from discharging at any time a person detained
pursuant to this section for the purpose of receiving medical attention or
treatment.