POLICE officers would be required to take care of intoxicated people and release them once they sober up under provisions contained in the proposed Police Bill 2026.
The legislation, tabled in Parliament last week, allows officers to take intoxicated individuals into custody if they are deemed a danger to themselves, other people or property.
Under Clause 121, police may detain a person found intoxicated in a public place or while trespassing on private property if they reasonably believe the individual is unable to protect themselves from harm, is likely to harm someone else, or could cause significant damage to property.
However, the Bill makes it clear that detention should only be used as a last resort. Before taking someone into custody, officers must first consider whether it is reasonably practicable to care for the person by taking them home or to a temporary shelter.
“A police officer who finds a person intoxicated in a public place, or intoxicated while trespassing on private property, may detain and take the person into custody,” the Bill states.
The proposed law also includes safeguards on how long a person can be held.
An intoxicated person must be released as soon as they are no longer intoxicated and, in most cases, cannot be detained for more than 12 hours.
A longer detention period may only be authorised by a medical practitioner, who must be satisfied that the person remains intoxicated, is unable to protect themselves from harm and does not require separate medical treatment.
Even then, any extension cannot exceed a further 12 hours.
The Bill defines intoxication as being visibly affected by alcohol, drugs or other substances to the extent that a person’s speech, balance, coordination or behaviour is clearly impaired.
