Policing Act 2000 (Sec 32,33,36) Flashcards
Sec 32 Identifying particulars in person custody
A constable must take particulars and if necessary use reasonable force.
Name/address and DOB
Photograph or visual image
Fingerprints/ palm and foot prints
Sec 33 Identifying particulars for summons
A constable must take the persons identifying particulars.
A persons who fails to comply is liable on conviction of imprisonment for a term not exceeding 6 months to a fine not exceeding $5000 or both.
Sec 36 Care and protection of intoxicated persons
A constable who finds a person intoxicated in a PP, or trespassing on private property may detain.
the constable reasonably believes that the person is:
Incapable of protecting them self from physical harm
likely to cause physical harm to another person
Significant damage to property
and the constable satisfied it is not reasonably practicable to provide for the persons care and protection by
Taking the person to their place of residence
Taking person to temp shelter
A person detained must be released as soon as the person is sober, must not be detained longer than 12 hrs unless medical practitioner recommends further detention up to the 12 hrs.
A medical practitioner must not recommend the further detention unless satisfied: the person remains intoxicated and is incapable of protecting from physical harm, the person does not have health issues.
