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Criminal Justice Act 1972

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This is the original version (as it was originally enacted).

34Power of constable to take drunken offender to treatment centre

(1)In any case in which a constable has power to arrest a person under any of the provisions mentioned in subsection (3) of this section the constable may, if he thinks fit, take him to any place approved for the purposes of this section by the Secretary of State as a medical treatment centre for alcoholics, and while a person is being so taken he shall be deemed to be in lawful custody.

(2)A person shall not by virtue of this section be liable to be detained in any such centre as aforesaid to which he has been taken, but the exercise in his case of the power conferred by this section shall not preclude his being charged with any offence.

(3)The provisions referred to in subsection (1) of this section are—

(a)so much of section 12 of the Licensing Act 1872 as relates to persons guilty, while drunk, of riotous or disorderly behaviour;

(b)section 1 of the Licensing Act 1902 (persons who are drunk and incapable);

(c)section 91(1) of the Criminal Justice Act 1967 (persons guilty, while drunk, of disorderly behaviour in public place).

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