Intoxicated person

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 from jurisdiction, but usually require some obvious display of intoxicated incompetence or behavior disruptive/obnoxious to public order before the charge is levied.

While it is technically illegal in most states and territories of Australia to be drunk and disorderly, most Australian police take a humane approach with regards to public intoxication. This includes transporting the IP ("Intoxicated Person") to his or her residence or temporary detention at a police station or other welfare establishment until the intoxicated person is sober. This particular approach is not unique to Australia in any real capacity as the same attitude is effectively adopted in most nations where alcohol consumption is common.

In Victoria being "drunk in a public place" and "drunk and disorderly in a public place" are separate offences contained in the Summary Offences Act 1966 which have their own power of arrest. Recent changes to legislation allow police to issue an infringement notice for these offences 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 $590.00 for a first offence and $1100.00 for a subsequent offence. 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.

In New South Wales police have the discretion to issue "on the spot" fines or infringement notices for "drunk in public," a fine that costs the individual over $480 (4 penalty units). 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, the homeless and minority groups..

Prosecution (charging) is generally only considered if the person is violent or other offenses have been committed.

As an example, a "Drunk and Disorderly" Fine in the State of New South Wales starts at $550.

As of February 2009, local Councils in the State of 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.

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Wikipedia