NTIn ForceAct
Police Administration Act 1978
138ATime for holding intoxicated person before charging and
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138A Time for holding intoxicated person before charging and
bringing before court
(1) 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) a member of the Police Force has reasonable grounds to
believe the person is intoxicated; and
(b) section 137(2) does not apply in relation to the person.
(2) 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.
(3) 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.
Police Administration Act 1978 125
(4) In this section, intoxicated has the same meaning as in
section 127A.