Is Being Drunk In Public A Crime?
In Queensland, it is an offence to be drunk, on drugs or adversely affected by another intoxicating substance, in a public place. The police may deem an individual to be intoxicated based on several indicators including incoordination, slurred speech, drowsiness, blood-shot eyes and various other physical symptoms, in addition to mood and behavioural changes.
Being drunk in a public place carries with it a number of legal implications. Our article ‘Intoxication and Criminal Charges‘ delves into these implications. Police have the power to take an intoxicated person into custody if they are behaving in a manner that is likely to cause harm to themselves or others. Specifically, the Police Powers and Responsibilities Act 2000 (PPRA) sets out the powers and responsibilities of police in relation to intoxicated persons. One such power is the power to detain and transport an intoxicated person to a sober safe centre if the intoxicated individual is causing a public nuisance, or poses a risk of harm to the public, or themselves. If this occurs, the individual could be detained for up to eight hours and required to pay a fee for the use of the sober safe centre.
Below we outline the offence of intoxication in a public place as well as what the police must prove, penalties you may face if found guilty of this crime, and legal defences.
For information and advice specific to your matter, it’s recommended you speak with a criminal defence lawyer as soon as possible. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.
What the law says
Sections 7 of the Summary Offences Act Queensland states:
- A person must not be intoxicated in a public place
- In this section, intoxicated means drunk or otherwise adversely affected by drugs or another intoxicating substance.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused
- (a) was intoxicated with alcohol, drugs or other intoxicating substance
- (b) in a public place.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum penalty
The maximum penalty for the offence of being drunk in a public place is 2 penalty units.
Which court will hear the matter
This matter is a simple offence which means it is dealt with in the Magistrates Court.
Possible defences
Possible defences to this offence include but are not limited to
- Identification i.e. not the accused.
- The behaviour was not in a public place.
Intoxication as a criminal defence
In limited circumstances, intoxication can be used as a criminal defence. Under Section 28 of the Criminal Code Act 1899, a person whose mind is disordered by alcohol or drugs has a criminal defence only if their intoxication is involuntary. This means the individual was forced or tricked into taking drugs or consuming alcohol.
Separately to this, where a criminal offence has a mental element of intent, the accused’s intoxication may be taken into account when assessing whether they had such intent, regardless of whether the intoxication was voluntary or not.
Have you been charged with this offence?
It’s important you get in touch with an experienced criminal law firm to discuss your options following a charge of public intoxication. Contact the team at Potts Lawyers today for a confidential consultation at either our Brisbane or Gold Coast offices. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.