PROTECTIVE CUSTODY ACT 2000 - SECT 20

PROTECTIVE CUSTODY ACT 2000 - SECT 20

20 .         Declaration by court as to state of intoxication

        (1)         A person who has been apprehended may apply to the Magistrates Court for a declaration that at the time he or she was apprehended, he or she was not intoxicated.

        (2)         The application must be made within 30 days after the date when the person was released.

        (3)         In proceedings under this section the officer who apprehended the applicant and any officer who detained the applicant are entitled to appear.

        (4)         If the Magistrates Court is satisfied that the applicant was not intoxicated at the time he or she was apprehended it is to make a declaration accordingly.

        (5)         A declaration made under subsection (4) does not establish that the apprehension was unlawful.

        [Section 20 amended: No. 59 of 2004 s. 141.]