4ACustody of intoxicated persons

4A Custody of intoxicated persons

[Section 4A Inserted by No. 59 of 2000, s. 5, Applied:27 Mar 2002]

(1)  In this section –

intoxicated means under the influence of alcohol, another drug or a combination of drugs;

place of safety means a hospital, charitable institution or any other appropriate facility that is capable of caring for an intoxicated person and includes a place declared by the Minister under section 4C to be a place of safety for the purposes of this Act;

responsible person means a person who a police officer reasonably believes is capable of taking adequate care of an intoxicated person.

(2)  If a police officer believes on reasonable grounds that a person in a public place is intoxicated and –

(a) is behaving in a manner likely to cause injury to himself, herself or another person, or damage to any property; or

(b) is incapable of protecting himself or herself from physical harm –

the police officer may take the person into custody.

(3)  A police officer may –

(a) at any time, without any further or other authority than this subsection, release a person taken into custody under subsection (2) , or cause that person to be released, without that person entering into a recognisance or bail, to a place of safety, or into the care of a responsible person, willing to take that person into care; or

(b) hold that person in custody if it is not possible to release that person under paragraph (a) .

(4)  A person may only be held under subsection (3)(b) if a police officer has made reasonable inquiries to find a place of safety or a responsible person and has been unable to find a place of safety, or a responsible person, willing to take the person into care.

(5)  A person taken into custody under subsection (2) is not to be released under into the care of a person in charge of a place of safety or a responsible person if the person held in custody objects to being released into the care of that person.