Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Part 16 Powers relating to detention of intoxicated persons
(cf Intoxicated Persons Act 1979, s 3)
In this Part—means—detention officer means a police officer, a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999) or a person in charge of or employed in a detention centre (within the meaning of the Children (Detention Centres) Act 1987).intoxicated person means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs.public place includes a school.responsible person includes any person who is capable of taking care of an intoxicated person including—(a) a friend or family member, or(b) an official or member of staff of a government or non-government organisation or facility providing welfare or alcohol or other drug rehabilitation services.
206 Detention of intoxicated persons
(cf Intoxicated Persons Act 1979, s 5)
(1) A police officer may detain an intoxicated person found in a public place who is—(a) behaving in a disorderly manner or in a manner likely to cause injury to the person or another person or damage to property, or(b) in need of physical protection because the person is intoxicated.(2) A police officer is not to detain a person under this section because of behaviour that constitutes an offence under any law.(2A) However, a police officer may detain an intoxicated person under this section even if behaviour constitutes an offence under section 9 of the Summary Offences Act 1988 if the detention is not for the purpose of taking proceedings for the offence.Note.Section 9 of the Summary Offences Act 1988 makes it an offence for a person who is the subject of a move on direction to be intoxicated and disorderly in a public place. Part 8 of this Act would apply to a person who is arrested for such an offence and detained for the purpose of taking proceedings for the offence.(3) An intoxicated person detained by a police officer under this Part is to be taken to, and released into the care of, a responsible person willing immediately to undertake the care of the intoxicated person.(4) An intoxicated person detained by a police officer under this Part may be taken to and detained in an authorised place of detention if—(a) it is necessary to do so temporarily for the purpose of finding a responsible person willing to undertake the care of the intoxicated person, or(b) a responsible person cannot be found to take care of the intoxicated person or the intoxicated person is not willing to be released into the care of a responsible person and it is impracticable to take the intoxicated person home, or(c) the intoxicated person is behaving or is likely to behave so violently that a responsible person would not be capable of taking care of and controlling the intoxicated person.(5) An intoxicated person detained under this Part may be detained under such reasonable restraint as is necessary to protect the intoxicated person and other persons from injury and property from damage.(6) This section does not authorise a responsible person into whose care an intoxicated person is released to detain the intoxicated person.
207 Detention of persons in authorised places of detention
(cf Intoxicated Persons Act 1979, s 5)
(1) An intoxicated person who is detained in an authorised place of detention under this Part may be detained there by any detention officer.(2) An intoxicated person who is detained in an authorised place of detention under this Part—(a) must be given a reasonable opportunity by the person in charge of that place to contact a responsible person, and(b) must, as far as is reasonably practicable, be kept separately from any person detained at that place in connection with the commission or alleged commission of an offence, and(c) if the intoxicated person is apparently under the age of 18 years—must, as far as is reasonably practicable, be kept separately from any person over that age detained at that place, and(d) must not be detained in a cell at that place unless it is necessary to do so or unless it is impracticable to detain the person elsewhere at that place, and(e) must be provided with necessary food, drink, bedding and blankets appropriate to the person’s needs, and(f) must be released as soon as the person ceases to be an intoxicated person.
208 Searching detained persons
(cf Intoxicated Persons Act 1979, s 6)
(1) A police officer or other detention officer by whom an intoxicated person is detained under this Part may search the intoxicated person and may take possession of any personal belongings found in the person’s possession.(2) A person is entitled to the return of the personal belongings taken from the person under subsection (1) when the person ceases to be detained under this Part.
(1) A record, containing the particulars prescribed by the regulations, must be made by—(a) any police officer who detains an intoxicated person under this Part and takes the person to an authorised place of detention, and(b) the person in charge of an authorised place of detention where an intoxicated person is detained (or a person authorised to do so by that person in charge), and(c) a person who, under this Part, searches a detained person.(2) A person who has custody of a record required to be made by this section must retain the record for a period of 3 years after it is made.(3) A person who has the custody of a record made under this section must, when required to do so by a person authorised by the Minister for the purposes of this subsection, make it available for inspection by that person.(4) This section does not require a person to make a record of a matter in relation to the detention or search of an intoxicated person, if another person has already made a record of that matter as required by this section.
210 Police officers and others not liable for certain acts or omissions
(cf Intoxicated Persons Act 1979, s 8)
No action lies against any police officer, any detention officer or any other person in respect of anything done or omitted to be done by the police officer, detention officer or any such other person in good faith in the execution or purported execution of this Part.