PROTECTIVE CUSTODY ACT 2000 - SECT 7

PROTECTIVE CUSTODY ACT 2000 - SECT 7

7 .         Apprehended person may be detained, but for no longer than necessary

        (1)         An authorised officer may detain an apprehended person but any detention of the person must be in accordance with subsections (2), (3) and (4).

        (2)         An authorised officer must not detain an apprehended person who is not, or who is no longer, intoxicated.

        (3)         An authorised officer must not detain an apprehended person who is intoxicated for any longer than is necessary —

            (a)         to protect the health or safety of the person or any other person; or

            (b)         to prevent the person causing serious damage to property.

        (4)         If an apprehended person is detained in a police station or lock-up, then, despite subsections (2) and (3), a police officer may decide not to release the person between the hours of midnight and 7.30 a.m. if release during those hours is not in the best interests of the person.

        (5)         If a police officer makes a decision under subsection (4), he or she must record the reasons for the decision.

        (6)         The power to detain an apprehended person does not affect the duty under section 11(1) and 12(1) to release a person as soon as practicable after he or she is apprehended.