2.3 Policing Act 2008

Question 1

Section 32 - Identifying Particulars of a person in custody.

Answer 1

A constable may take the identifying particulars of a person who is in the lawful custody of Police if that person is detained for committing an offence and is

a) at a Police station or
b) at a place being used for Police purposes

6 months imprisonment or $5000 fine

Question 2

What are identifying particulars?

Answer 2

• Name, address and date of birth
• Photographs or visual image
• Fingerprints

Question 3

Identifying particulars in relation to a summons?

Answer 3

A constable make take identifying particulars (including photograph) from a person whom they intend to bring a proceeding against that person by way of summons.

Question 4

Care of Intoxicated Persons S36

Answer 4

A constable who finds a person intoxicated in a public place or trespassing on private property may detain and take that person into custody if the constable believes on reasonable grounds that the person is:

i) incapable of protecting himself or herself
ii) likely to cause physical harm to another person
iii) likely to cause significant damage to any property and

the constable is satisfied it is not reasonably practicable to provide for the persons care by taking them to his or her place of residence or to a temporary shelter

Question 5

How long can you detain an intoxicated person?

Answer 5

The person must be released as soon as the person is no longer intoxicated or no longer than 12 hours.

The person can be detained for a further 12 hours if recommended by a health practitioner.

Question 6

Define intoxicated

Answer 6

Observably affected by alcohol, other drugs or substances to such a degree that speech, balance or co-ordination or behavior is clearly impaired.