Australian Capital Territory Numbered Acts

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INTOXICATED PERSONS (CARE AND PROTECTION) (NO. 85 OF 1994) - SECT 4

4. (1) Where a police officer believes on reasonable grounds that a person in a public place is intoxicated and is, because of that intoxication—

        (a)     behaving in a disorderly manner;

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

        (c)     incapable of protecting himself or herself from physical harm;

the officer may take the person into custody and detain him or her.

(2) A person detained under subsection (1) shall be released—

        (a)     when he or she ceases to be intoxicated; or

        (b)     at the expiration of the period of 8 hours after he or she is so detained;

whichever is earlier.

(3) A police officer shall not allow a person detained under subsection (1) to remain at a police station in which the person was detained for more than 12 hours after the person is first detained.

(4) Nothing in this section prevents a police officer from releasing a person detained under subsection (1) if, in the opinion of the police officer, it is reasonable to do so.

(5) For the purposes of subsection (4), a police officer shall be taken to have acted reasonably if the officer releases a person detained under subsection (1) into the care of the manager of a licensed place.


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