If the Police or Community Officer reasonably suspects that a person in a public place or trespassing on private property is intoxicated (whether by drugs, alcohol or inhalants) and needs to be apprehended to protect them from themselves or others or prevent them causing serious damage to property, the Officers can apprehend that person.
Reasonable force can be used by the Officers to do this.
The person apprehended can be detained in a police station or lock-up. The person apprehended cannot be detained once they are no longer intoxicated and must not detained for longer than is necessary.
However, the person may not be released between the hours of midnight and 7.30am if release during those hours is not in the best interests of the person.
A person under the age of 18 cannot be detained in a police station or lock-up unless there are exceptional circumstances that justify detaining the child in such a place.