Policing Act 2008

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36 Care and protection of intoxicated people

(1)

A constable who finds a person intoxicated in a public place, or intoxicated while trespassing on private property, may detain and take the person into custody if—

(a)

the constable reasonably believes that the person is—

(i)

incapable of protecting himself or herself from physical harm; or

(ii)

likely to cause physical harm to another person; or

(iii)

likely to cause significant damage to any property; and

(b)

the constable is satisfied it is not reasonably practicable to provide for the person’s care and protection by—

(i)

taking the person to his or her place of residence; or

(ii)

taking the person to a temporary shelter.

(2)

A person detained under subsection (1)—

(a)

must be released as soon as the person ceases to be intoxicated:

(b)

must not be detained longer than 12 hours after the person is first detained, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours.

(3)

A health practitioner must not recommend the further detention of a person detained under subsection (1) unless the health practitioner satisfies himself or herself that—

(a)

the person remains intoxicated and is incapable of protecting himself or herself from physical harm; and

(b)

the person does not have health needs that may require medical attention; and

(c)

it is not reasonably practicable to provide for the person’s continuing care and protection by—

(i)

taking the person to his or her place of residence; or

(ii)

taking the person to a temporary shelter.

(4)

In this section,—

intoxicated means observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, co-ordination, or behaviour is clearly impaired

temporary shelter means a place (other than a place operated by the Police) that is capable of providing for the care and protection of an intoxicated person.

(5)

Section 31 of the Crimes Act 1961 applies in respect of the power to detain and take a person into custody under this section as if the power were a power of arrest.

Compare: 1966 No 97 ss 37A, 38; 1992 No 46 s 122A