PROTECTIVE CUSTODY ACT 2000 - SECT 13

PROTECTIVE CUSTODY ACT 2000 - SECT 13

13 .         Release of adult into care of another person

        (1)         An authorised officer may at any time release an apprehended adult into the care of another person who applies for the adult’s release if —

            (a)         the adult does not object to being released into the care of the applicant; and

            (b)         the officer reasonably believes that the applicant is capable of taking care of the adult.

        (2)         If an officer refuses to release an adult under subsection (1) because the officer does not believe that the applicant is capable of taking care of the adult, the applicant may apply to a JP to review the officer’s decision.

        (3)         If an application is made to a JP and if it is reasonably practicable to do so —

            (a)         an authorised officer, subject to section 21, must take the adult, or arrange for the adult to be taken, before the JP; and

            (b)         the applicant and the officer are to appear before the JP,

                unless the adult is released before that can be done.

        (4)         On an application the JP may —

            (a)         if the adult does not object, direct that the adult be released into the care of the applicant;

            (b)         if the JP is satisfied that the applicant is not capable of taking care of the adult, direct that the adult continue to be detained in accordance with section 7; or

            (c)         give any direction the JP thinks fit for the health and safety of the adult.