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Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.
This section needs to be updated.(April 2024) |
The Royal Commission into Aboriginal Deaths in Custody (1987–1991) found public drunkenness disproportionately affected Aboriginal people. [1] Public drunkenness was decriminalised in New South Wales in 1979, [2] the Northern Territory and in South Australia in 1984. [3]
In New South Wales, police have the discretion to issue "on the spot" fines or infringement notices for "drunk in public", a fine that can cost the individual over $480 (4 penalty units).[ citation needed] Community Legal Centres across the state complain about these fines and the impact it has had on various vulnerable members of the community, including young people, homeless people, and minority groups.[ citation needed] For example, a "drunk and disorderly" fine in New South Wales starts at $550.[ citation needed] As of February 2009, local councils in New South Wales are not allowed to charge people who drink in alcohol-free zones; they are only permitted to confiscate the alcohol of the intoxicated person.[ citation needed]
By legislative changes in February 2021, Victoria will finally decriminalise public drunkenness from November 2022, after which drunkenness will be treated as a public health issue, not a criminal one. [1] [4] In Victoria, there are currently two drinking offences: "drunk in a public place" and "drunk and disorderly in a public place". [5] These are separate offences contained in the Summary Offences Act 1966 which have their own power of arrest. Changes in 2006 allow police to issue an infringement notice for these offences, [6] in addition to the traditional method of charging and bailing the offender to the Magistrates' Court. The current fine attached to the infringement notice is $590 for a first offence and $1,100 for a subsequent offence. [7] A person arrested for being drunk or drunk and disorderly is held at the Melbourne Custody Centre or the cells at a police station or placed in the care of a friend or relative.
Queensland will be the only state in Australia that will have a specific offence of public drunkenness.
In Canada, liquor is regulated by the provinces rather than the federal government.
In British Columbia and Ontario, drinking in public and public intoxication are offenses. If an event is to take place in public with alcohol it must have a permit. In Ontario, having an open container in public garners a $125 fine and public drunkenness garners a $65 fine and detainment until sober. While liquor laws are similar in provinces, the laws in territories tend to be substantially different. For instance, in the Northwest Territories public intoxication can result in imprisonment or detention in a medical facility for up to 24 hours (NWT Liquor Act).
In New Zealand, drinking in public is not a crime. Instead, local governments must specify that alcohol is banned in an area before it is considered a crime to drink in that location. Being drunk in public is not specifically an offense unless the person who is intoxicated is a public nuisance, in which case they may be dealt with for 'disturbing the peace'. This will usually result in being taken home, or otherwise taken to a police cell until sober.
In the United Kingdom, there are a number of offences dealing with intoxication, which vary between the constituent countries.
In a public place, it is an offence to be:
It is also an offence to be drunk:
The police will only get involved if the person is so drunk they are unable to act in a reasonable manner, such as passing out on the street. In that case, typically the police will, depending on the circumstances, help the intoxicated person on their way or place the person in a police station cell until sober. Once fit to be dealt with the detained person will normally either be cautioned, be issued with a penalty notice for disorder (PND – £90 fine in ticket form), or bailed to appear at the local court. The court in turn may issue a fine (up to level 1 or level 3 on the standard scale depending on the offence charged).
There are also many more specific offences, including driving a motor vehicle while unfit through drink (or being found 'drunk in charge'), [15] driving a motor vehicle while over the prescribed limit, [16] and riding a cycle while unfit through drink. [17] Furthermore, the police have the power (although not the obligation) to confiscate any alcohol which is being consumed in public by those under 18, and local authorities have the power to prohibit alcohol consumption in certain areas. [18]
In 1968, in the case of Powell v. Texas, the Texas law against public intoxication was challenged in the Supreme Court of the United States for alleged violation of Eighth Amendment, which forbids cruel and unusual punishment. The court upheld the law, ruling that criminalizing public intoxication was neither cruel nor unusual.
In summary, misconducting in public while drunk could be fined in California, Georgia, Indiana, Iowa, Texas and Virginia.
This article has multiple issues. Please help
improve it or discuss these issues on the
talk page. (
Learn how and when to remove these template messages)
|
Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.
This section needs to be updated.(April 2024) |
The Royal Commission into Aboriginal Deaths in Custody (1987–1991) found public drunkenness disproportionately affected Aboriginal people. [1] Public drunkenness was decriminalised in New South Wales in 1979, [2] the Northern Territory and in South Australia in 1984. [3]
In New South Wales, police have the discretion to issue "on the spot" fines or infringement notices for "drunk in public", a fine that can cost the individual over $480 (4 penalty units).[ citation needed] Community Legal Centres across the state complain about these fines and the impact it has had on various vulnerable members of the community, including young people, homeless people, and minority groups.[ citation needed] For example, a "drunk and disorderly" fine in New South Wales starts at $550.[ citation needed] As of February 2009, local councils in New South Wales are not allowed to charge people who drink in alcohol-free zones; they are only permitted to confiscate the alcohol of the intoxicated person.[ citation needed]
By legislative changes in February 2021, Victoria will finally decriminalise public drunkenness from November 2022, after which drunkenness will be treated as a public health issue, not a criminal one. [1] [4] In Victoria, there are currently two drinking offences: "drunk in a public place" and "drunk and disorderly in a public place". [5] These are separate offences contained in the Summary Offences Act 1966 which have their own power of arrest. Changes in 2006 allow police to issue an infringement notice for these offences, [6] in addition to the traditional method of charging and bailing the offender to the Magistrates' Court. The current fine attached to the infringement notice is $590 for a first offence and $1,100 for a subsequent offence. [7] A person arrested for being drunk or drunk and disorderly is held at the Melbourne Custody Centre or the cells at a police station or placed in the care of a friend or relative.
Queensland will be the only state in Australia that will have a specific offence of public drunkenness.
In Canada, liquor is regulated by the provinces rather than the federal government.
In British Columbia and Ontario, drinking in public and public intoxication are offenses. If an event is to take place in public with alcohol it must have a permit. In Ontario, having an open container in public garners a $125 fine and public drunkenness garners a $65 fine and detainment until sober. While liquor laws are similar in provinces, the laws in territories tend to be substantially different. For instance, in the Northwest Territories public intoxication can result in imprisonment or detention in a medical facility for up to 24 hours (NWT Liquor Act).
In New Zealand, drinking in public is not a crime. Instead, local governments must specify that alcohol is banned in an area before it is considered a crime to drink in that location. Being drunk in public is not specifically an offense unless the person who is intoxicated is a public nuisance, in which case they may be dealt with for 'disturbing the peace'. This will usually result in being taken home, or otherwise taken to a police cell until sober.
In the United Kingdom, there are a number of offences dealing with intoxication, which vary between the constituent countries.
In a public place, it is an offence to be:
It is also an offence to be drunk:
The police will only get involved if the person is so drunk they are unable to act in a reasonable manner, such as passing out on the street. In that case, typically the police will, depending on the circumstances, help the intoxicated person on their way or place the person in a police station cell until sober. Once fit to be dealt with the detained person will normally either be cautioned, be issued with a penalty notice for disorder (PND – £90 fine in ticket form), or bailed to appear at the local court. The court in turn may issue a fine (up to level 1 or level 3 on the standard scale depending on the offence charged).
There are also many more specific offences, including driving a motor vehicle while unfit through drink (or being found 'drunk in charge'), [15] driving a motor vehicle while over the prescribed limit, [16] and riding a cycle while unfit through drink. [17] Furthermore, the police have the power (although not the obligation) to confiscate any alcohol which is being consumed in public by those under 18, and local authorities have the power to prohibit alcohol consumption in certain areas. [18]
In 1968, in the case of Powell v. Texas, the Texas law against public intoxication was challenged in the Supreme Court of the United States for alleged violation of Eighth Amendment, which forbids cruel and unusual punishment. The court upheld the law, ruling that criminalizing public intoxication was neither cruel nor unusual.
In summary, misconducting in public while drunk could be fined in California, Georgia, Indiana, Iowa, Texas and Virginia.