Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 128
insert
(1) This section applies if:
(a) a person is apprehended and taken into custody under section 128; and
(b) the person is an adult; and
(c) the person:
(i) is not an involuntary patient under the Mental Health and Related Services Act ; and
(ii) is not a reportable offender under the Child Protection (Offender Reporting and Registration) Act ; and
(iii) is not subject to a continuing detention order or supervision order under the Serious Sex Offenders Act ; and
(d) the person has been apprehended and taken into custody under section 128 on at least 2 occasions in:
(i) if a period has not been prescribed by regulations, the 2 month period immediately preceding the occasion of the apprehension of the person as mentioned in paragraph (a); or
(ii) if a period has been prescribed by regulations, the prescribed period immediately preceding the apprehension of the person as mentioned in paragraph (a); and
(e) an order under section 35 or 41 of the Alcohol Mandatory Treatment Act is not in force in relation to the person.
(2) In calculating the number of occasions on which the person has been apprehended and taken into custody for subsection (1)(d):
(a) if a mandatory treatment order has been made in relation to the person – any occasions on which the person has been apprehended and taken into custody before the expiry or revocation of the order are to be excluded; and
(b) if the person has been assessed under the Alcohol Mandatory Treatment Act and released without a mandatory treatment order being made – any occasions on which the person was apprehended and taken into custody before the assessment was conducted are to be excluded.
(3) The member who takes the person into custody, or any other member, must determine whether the person has been charged, or will, on release from custody, be charged with an offence against a law in force in the Territory the maximum penalty for which is or includes a period of imprisonment.
(4) If the person has not been and will not be charged as mentioned in subsection (3), a member must contact a senior assessment clinician to ascertain whether a suitable assessment facility has capacity to conduct an assessment of the person and a suitable treatment centre has capacity to treat the person.
(5) If the member is advised that there is a suitable assessment facility with capacity to conduct an assessment of the person, and a suitable treatment centre with capacity to treat the person:
(a) the member must arrange for the person to be taken to the facility in accordance with the Alcohol Mandatory Treatment Act as soon as practicable after it reasonably appears to the member that the person is no longer intoxicated; and
(b) sections 129, 131, 132 and 133 do not apply to the person.
(6) However, before the person is taken to the assessment facility, the member must inform the person of the following:
(a) the person is not under arrest in relation to any alleged offence;
(b) the person must be taken to an assessment facility for an assessment in accordance with the Alcohol Mandatory Treatment Act ;
(c) the person will be able to contact the person's primary contact, guardian (if any) and another person on arrival at the facility.
(7) If either of the following apply, the person must be dealt with in accordance with this Division:
(a) the person has been or will be charged as mentioned in subsection (3);
(b) there is no capacity at a suitable assessment facility for the person to be assessed or at a suitable treatment centre for the person to be treated.
(8) In this section:
"mandatory treatment order", see section 5 of the Alcohol Mandatory Treatment Act .
(1) This section applies if:
(a) a person is apprehended and taken into custody under section 128; and
(b) a mandatory community treatment order applies to the person.
(2) The member who takes the person into custody, or another member, must determine whether the person has been charged, or will, on release from custody, be charged with an offence against a law in force in the Territory the maximum penalty for which is or includes a period of imprisonment.
(3) If the person has not been and will not be charged as mentioned in subsection (2), a member must contact a senior assessment clinician to ascertain whether a suitable assessment facility has capacity to conduct an assessment of the person and a suitable treatment centre has capacity to treat the person.
(4) If the member is advised that there is a suitable assessment facility with capacity to conduct an assessment of the person, and a suitable treatment centre with capacity to treat the person:
(a) the member must arrange for the person to be taken to the facility in accordance with the Alcohol Mandatory Treatment Act as soon as practicable after it reasonably appears to the member that the person is no longer intoxicated; and
(b) sections 129, 131, 132 and 133 do not apply to the person.
(5) If either of the following apply, the person must be dealt with in accordance with this Division:
(a) the person has been or will be charged as mentioned in subsection (2);
(b) there is no capacity at a suitable assessment facility for the person to be assessed or at a suitable treatment centre for the person to be treated.
(6) In this section:
"mandatory community treatment order", see section 5 of the Alcohol Mandatory Treatment Act .