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Criminal Justice (Scotland) Act 2016
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49Taking drunk persons to designated place
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(1)Where—
(a)a person is liable to be arrested in respect of an offence by a constable without a warrant, and
(b)the constable is of the opinion that the person is drunk,
the constable may take the person to a designated place (and do so instead of arresting the person).
(2)Nothing done under subsection (1)—
(a)makes a person liable to be held unwillingly at a designated place, or
(b)prevents a constable from arresting the person in respect of the offence referred to in that subsection.
(3)In this section, “designated place” is any place designated by the Scottish Ministers for the purpose of this section as a place suitable for the care of drunken persons.
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