Time for holding intoxicated person before charging and bringing before court
138A Time for holding intoxicated person before charging and bringing before court
This section applies in relation to a person under arrest, despite section 137(1) and any provision of the Bail Act 1982 to the contrary, if:
a member of the Police Force has reasonable grounds to believe the person is intoxicated; and
section 137(2) does not apply in relation to the person.
The person may be held in lawful custody without being charged with an offence only for as long as it reasonably appears to the member that the person remains intoxicated.
The member must charge the person with an offence and bring the person before a court (unless already granted bail under the Bail
A/ct 1982) as soon as practicable after it reasonably appears to the member that the person is no longer intoxicated.
In this section, intoxicated has the same meaning as in section 127A.
This Act’s bill:Second reading speech
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