4ACustody of intoxicated persons

### 4A Custody of intoxicated persons > [*\[Section 4A Inserted by No. 59 of 2000, s. 5, Applied:27 Mar 2002\]*](/view/html/inforce/2002-03-27/act-2000-059#GS5@EN) > > > (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](#GS4C@EN) 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)](#GS4A@Gs2@EN) , 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)](#GS4A@Gs3@Hpa@EN) . > > > (4)  A person may only be held under [subsection (3)(b)](#GS4A@Gs3@Hpb@EN) 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)](#GS4A@Gs2@EN) is not to be released under [subsection (3)(a)](#GS4A@Gs3@Hpa@EN) 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. > > > (6)  A person taken into custody under [subsection (2)](#GS4A@Gs2@EN) is to be released – > > > > > > (a) at the expiration of the period of 8 hours after he or she was taken into custody; or > > > > > > > (b) when a police officer is of the opinion that it is reasonable to do so – > > > > whichever is earlier. > > > (6A)  [*\[Section 4A Subsection (6A) inserted by No. 29 of 2004, s. 5, Applied:23 Sep 2004\]*](/view/html/inforce/2004-09-23/act-2004-029#GS5@EN) If, on the expiration of the period of 8 hours referred to in [subsection (6)(a)](#GS4A@Gs6@Hpa@EN) , a police officer of or above the rank of inspector believes on reasonable grounds that a person in custody remains – > > > > > > (a) likely to cause injury to himself, herself or another person, or damage to any property; or > > > > > > > (b) incapable of protecting himself or herself from physical harm – > > > > the person may be detained for a further period of 4 hours. > > > (7)  A police officer may – > > > > > > (a) search or cause to be searched a person who has been taken into custody under [subsection (2)](#GS4A@Gs2@EN) ; and > > > > > > > (b) remove or cause to be removed from that person for safe keeping, until the person is released from custody, any money or valuables that are found on or about that person and any item on or about that person that is likely to cause harm to that person or any other person or that could be used by that person or any other person to cause harm to that person or any other person. > > > (8)  A search of a person under [subsection (7)](#GS4A@Gs7@EN) is, if practical, to be conducted by a police officer of the same sex as the person being searched.