Criminal Justice (Scotland) Act 2016
2016 asp 1
Overview of the Act
Part 1 – Arrest and Custody
Chapter 6 – Police powers and duties
Powers of police
Section 49 – Taking drunk persons to designated place
148.Section 49(1) allows the police to take a person who is deemed to be drunk to a designated place (as designated by the Scottish Ministers) to be cared for instead of arresting the person for an offence. By using this power it does not, however, require the person to remain unwillingly at such a place nor does it prevent a constable from subsequently arresting the person.
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