South Australian Current Acts

PUBLIC INTOXICATION ACT 1984 - SECT 7

7—Apprehension of intoxicated persons

        (1)         If a police officer or an authorised officer has reasonable grounds to believe that—

            (a)         a person who is in a public place is under the influence of a drug; and

            (b)         by reason of that fact, the person is unable to take proper care of himself or herself,

the police officer or authorised officer may apprehend that person.

        (2)         The police officer or authorised officer—

            (a)         may exercise such force as is reasonably necessary to apprehend a person under this section; and

            (b)         may search the person apprehended for the purpose of removing any object that may be a danger to that person or to others and remove and take custody of any such object and any valuable object found on that person.

        (3)         If a police officer or an authorised officer has apprehended a person under subsection (1), the officer must take that person as soon as reasonably practicable—

            (a)         to the place of residence, if any, at which the apprehended person is permanently or temporarily residing and there release the person from custody; or

            (b)         to a place for the time being approved by the Minister for the purposes of this paragraph and there release the person from custody; or

            (c)         to a police station; or

            (d)         to a sobering-up centre for admission as a patient.

        (4)         If a person apprehended under this section is taken to a police station, the responsible officer for the police station may detain the person and give such directions to that person as are reasonably necessary for that purpose but must, before the expiration of the period of 12 hours from the time of apprehension—

            (a)         discharge the person if the person has, in the opinion of the responsible officer, so recovered from the effects of the drug as to be able to take care of himself or herself; or

            (b)         if not, cause the person to be transferred to a sobering-up centre for admission as a patient.

        (5)         If a person apprehended under this section is taken to a sobering-up centre and admitted as a patient, the person may be detained at the centre by the person in charge of the centre but must be discharged—

            (a)         if the person has, in the opinion of the person in charge, so recovered from the effects of the drug as to be able to take care of himself or herself; or

            (b)         in any case, before the expiration of the period of 18 hours from the time of apprehension of the person.

        (6)         If a person apprehended under this section is taken to a police station and detained there, or is taken to a sobering-up centre and admitted as a patient, any object removed from the apprehended person must be returned to the person on, or before, the person's discharge except where the person indicates that the person does not desire the return of any such object.

        (7)         If a child is detained under this section, the person by whom the child is detained must, as soon as practicable after the commencement of the detention, notify a parent or other guardian of the child that the child has been so detained, unless—

            (a)         the whereabouts of every such parent or guardian is, after reasonable enquiries, unknown; or

            (b)         it is not, in the circumstances of the case, reasonably practicable to give such a notification.

        (8)         If a person (including a child) is detained under this section, the officer by whom the person is detained must allow the person a reasonable opportunity to communicate with a solicitor, relative or friend.

        (9)         Despite any other provision of this section, if—

            (a)         a solicitor acting on behalf of a person detained in a police station under this section, or a relative or friend of a person so detained, requests that the person be discharged into the care of the solicitor, relative or friend; and

            (b)         the responsible officer for the police station is satisfied that the solicitor, relative or friend is able and willing to care properly for that person,

that person must be discharged into the care of the solicitor, relative or friend.

        (10)         If a child is detained in a police station under this section, the responsible officer for the station must take such steps as are reasonably practicable to keep the child from coming into contact with any adult person detained in the station.

        (11)         Nothing in this section prevents a responsible officer for a police station or a person in charge of a sobering-up centre from discharging at any time a person detained under this section for the purpose of receiving medical attention or treatment.