Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 53BP

53BP Detaining intoxicated persons

(1) A police officer may detain a person who is in a public place if the officer is satisfied—

(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.

(2) A police officer must release the person from detention under this part on the earlier of the following—

(a) the officer being satisfied the person is no longer intoxicated;

(b) 8 hours elapsing after the person is first detained under this part.

(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.