Explanatory Notes

Criminal Justice (Scotland) Act 2016

2016 asp 1

13 January 2016

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.