The proposed Police Bill 2026, tabled in Parliament last week, would oblige officers to take responsibility for intoxicated people found in public or trespassing on private property and set clear limits on how long they may be held in custody. Clause 121 of the draft legislation lays out when police can take an intoxicated person into custody, requires them to consider alternatives to detention, and limits detention to a maximum period unless a medical practitioner authorises an extension.
Under Clause 121, a police officer “who finds a person intoxicated in a public place, or intoxicated while trespassing on private property, may detain and take the person into custody” where the officer reasonably believes the person is unable to protect themselves, is likely to harm someone else, or could cause significant damage to property. But the Bill emphasises detention as a measure of last resort: officers must first consider whether it is reasonably practicable to take the person home or to a temporary shelter before resorting to custody.
The Bill introduces specific time limits for any custodial detention for intoxication. In most cases, an intoxicated person must be released as soon as they are no longer intoxicated and may not be detained for more than 12 hours. Any extension beyond that 12-hour window can only be authorised by a medical practitioner, who must be satisfied that the person remains intoxicated, is unable to protect themselves from harm and does not require separate medical treatment. Even with medical authorisation, the extension cannot exceed a further 12 hours.
The legislation also includes an explicit definition of intoxication: being visibly affected by alcohol, drugs or other substances to the extent that a person’s speech, balance, coordination or behaviour is clearly impaired. That definition will be used to guide officers’ assessments of whether a person meets the threshold for detention under the new rules.
If enacted, the Police Bill 2026 would formalise duties on officers to care for intoxicated individuals and place statutory safeguards on how long someone may be held because of intoxication. The requirement that medical practitioners confirm the need for prolonged detention introduces a new clinical gatekeeper role and will likely require coordination between police, health services and social support providers, particularly where temporary shelters are to be used as an alternative to custody.
The Bill was tabled last week and will now move through Parliament for debate and scrutiny. Stakeholders including police, health authorities and civil society groups are expected to examine how the new powers and safeguards will work in practice as the legislation proceeds through the parliamentary process.