sec.53BPDetaining intoxicated persons

### sec.53BP Detaining intoxicated persons A police officer may detain a person who is in a public place if the officer is satisfied— the person is intoxicated; and it is necessary to detain the person because the person is— behaving in a way that— is disorderly, offensive, threatening or violent; and is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or incapable of preserving the person’s own life, health or safety. A police officer must release the person from detention under this part on the earlier of the following— the officer being satisfied the person is no longer intoxicated; 8 hours elapsing after the person is first detained under this part. Also, a police officer may release the person from detention under this part if the officer is satisfied it is appropriate to do so. s 53BP ins 2023 No. 21 s 50B (sec.53BP-ssec.1) A police officer may detain a person who is in a public place if the officer is satisfied— the person is intoxicated; and it is necessary to detain the person because the person is— behaving in a way that— is disorderly, offensive, threatening or violent; and is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or incapable of preserving the person’s own life, health or safety. (sec.53BP-ssec.2) A police officer must release the person from detention under this part on the earlier of the following— the officer being satisfied the person is no longer intoxicated; 8 hours elapsing after the person is first detained under this part. (sec.53BP-ssec.3) Also, a police officer may release the person from detention under this part if the officer is satisfied it is appropriate to do so. - (a) the person is intoxicated; and - (b) it is necessary to detain the person because the person is— (i) behaving in a way that— (A) is disorderly, offensive, threatening or violent; and (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or (ii) behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or (iii) incapable of preserving the person’s own life, health or safety. - (i) behaving in a way that— (A) is disorderly, offensive, threatening or violent; and (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or - (A) is disorderly, offensive, threatening or violent; and - (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or - (ii) behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or - (iii) incapable of preserving the person’s own life, health or safety. - (i) behaving in a way that— (A) is disorderly, offensive, threatening or violent; and (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or - (A) is disorderly, offensive, threatening or violent; and - (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or - (ii) behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or - (iii) incapable of preserving the person’s own life, health or safety. - (A) is disorderly, offensive, threatening or violent; and - (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or - (a) the officer being satisfied the person is no longer intoxicated; - (b) 8 hours elapsing after the person is first detained under this part.