OF12 - INTOXICATED PEOPLE

Question 1

SECTION 36 PA 2008

Answer 1

A constable may
TAKE a person whom they find intoxicated
in a public place or trespassing on any private
property

• and the person is incapable of protecting
themselves from physical harm
• likely to cause physical harm to another
person
• likely to cause significant damage to any
property

1
to the intoxicated person’s home unless it is not
reasonably practicable to provide for their care and
protection

2
a temporary shelter unless it is not reasonably
practicable to provide for their care and
protection

3
a Police Station – up to 12 hours or until the
person ceases to be intoxicated

Question 2

SECTION 36 PA 2008 OPTION 1

Answer 2

Take the person to their home Unless:
• address not obtainable
• not safe
• impractical.

Question 3

SECTION 36 PA 2008 OPTION 2

Answer 3

• Take to temporary shelter

- Unless closed or (as in most cases) not available.

Question 4

SECTION 36 PA 2008 OPTION 3

Answer 4

Take to a police station for up to 12 hours to sober up

Question 5

Care for partially or unresponsive detainees

Answer 5

The option to take a person home is not available for partially or unresponsive detainees.

This should be treated as a medical emergency and hospitalisation is required.