206Detention of intoxicated persons

#### 206 Detention of intoxicated persons 206 Detention of intoxicated persons (cf [Intoxicated Persons Act 1979](/view/html/repealed/current/act-1979-067), s 5) 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](/view/html/inforce/current/act-1988-025) if the detention is not for the purpose of taking proceedings for the offence. > > > > Note. > > > > Section 9 of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025) 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. > > **s 206:** Am 2011 No 28, Sch 2.2 \[4\].