Detaining intoxicated persons
53BP Detaining intoxicated persons
A police officer may detain a person who is in a public place if the officer is satisfied—
the person is intoxicated; and
it is necessary to detain the person because the person is—
behaving in a way that—
is disorderly, offensive, threatening or violent; and
is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or
behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or
incapable of preserving the person’s own life, health or safety.
A police officer must release the person from detention under this part on the earlier of the following—
the officer being satisfied the person is no longer intoxicated;
8 hours elapsing after the person is first detained under this part.
Also, a police officer may release the person from detention under this part if the officer is satisfied it is appropriate to do so.
This Act’s bill:Explanatory memorandum
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