(1) An
authorized officer may detain an apprehended person but any detention of the
person must be in accordance with subsections (2), (3) and (4).
(2) An
authorized officer must not detain an apprehended person who is not, or who is
no longer, intoxicated.
(3) An
authorized officer must not detain an apprehended person who is intoxicated
for any longer than is necessary —
(a) to
protect the health or safety of the person or any other person; or
(b) to
prevent the person causing serious damage to property.
(4) If an apprehended
person is detained in a police station or lock-up, then, despite subsections
(2) and (3), a police officer may decide not to release the person between the
hours of midnight and 7.30 a.m. if release during those hours is not in
the best interests of the person.
(5) If a
police officer makes a decision under subsection (4), he or she must record
the reasons for the decision.
(6) The power to
detain an apprehended person does not affect the duty under section 11(1) and
12(1) to release a person as soon as practicable after he or she is
apprehended.