PART 1ARREST AND CUSTODY
CHAPTER 6POLICE POWERS AND DUTIES
Powers of police
49Taking drunk persons to designated place
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.