Acts and Regulations

I-14 - Intoxicated Persons Detention Act

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Repealed on 10 February 2015
CHAPTER I-14
Intoxicated Persons
Detention Act
Repealed: R.S.N.B. 2014, Schedule A.
Definition
1In this Act “peace officer” means a police officer or other person employed for the preservation and maintenance of the public peace.(agent de la paix)
1970, c.4, s.1; 1985, c.4, s.34
Power of peace officer respecting intoxicated person
2Where a peace officer finds in a place to which the public has access a person who is intoxicated he may take that person into custody.
1970, c.4, s.2
Duty of peace officer respecting intoxicated person
3Where a person is taken into custody under section 2, the person having custody of him shall release him
(a) on his recovering capacity to remove himself without danger to himself or others and without causing a nuisance, or
(b) if an application is made sooner by a member of his family, or by an adult, who appears to be suitable and capable of taking charge of the person, into the charge of that applicant.
1970, c.4, s.3
Provincial Acts no longer apply
4Any provision of an Act of the Legislature, or of a regulation made thereunder creating an offence of, or prohibiting a person from, being drunk or intoxicated in a public place does not apply after June 1, 1970.
1970, c.4, s.4
Liability of peace officer
5(1)If a peace officer who takes a person into custody under this Act has reasonable and probable grounds for believing the person is intoxicated, he is not liable for damages for false arrest or false imprisonment.
5(2)If a peace officer who takes a person into custody under this Act does not use any more force than is necessary to take the person into custody and keep him in custody until he can be lawfully released, he is not liable for damages for assault.
1970, c.4, s.5
Duties where child taken into custody
5.1(1)Where a person taken into custody under this Act is actually or apparently under the age of eighteen years, the officer in charge at the time the person is taken into custody shall as soon as practicable give or cause to be given, either orally or in writing, to a parent of the person notice that the person has been taken into custody, stating the place of detention and the reason for the detention.
5.1(2)Subsections 10(8) and (9) of the Provincial Offences Procedure for Young Persons Act apply with the necessary modifications in relation to the giving of notice under subsection (1).
5.1(3)Section 7 of the Provincial Offences Procedure for Young Persons Act applies with the necessary modifications when a young person or child is taken into custody under this Act.
1987, c.P-22.2, s.34; 1990, c.23, s.30
Regulations
6The Lieutenant-Governor in Council may make regulations, generally for the better administration of this Act.
1970, c.4, s.6
N.B. This Act is consolidated to February 9, 2015.