Effects of Intoxicated Persons Act, New South Wales (From Alcohol and Crime, P 36-48, 1981 - See NCJ-86654)

• NCJ Number: 86656
• Author(s): J Andrews
• Date Published: 1981
• Length: 13 pages
• Sale Source: Australian Institute of Criminology; National Institute of Justice/
• Language: English
• Country: Australia

Annotation

This paper describes the intent, content, and implementation of a law which took effect on March 1980 in New South Wales, Australia, according to which being drunk in a public place is no longer a criminal offense.

Abstract

The Intoxicated Persons Act of 1979 reflected the belief that arrest and incarceration of drunken persons worsens their social maladjustment by further demoralizing them and reducing their chances of improving their lives. The law defines public drunkenness as intoxication accompanied by either disorderly behavior, behavior likely to cause physical damage, or the need for physical protection. The police may also release detained persons if a responsible person is willing immediately to undertake their care. The three types of places where detention may occur are police stations, voluntary agencies with a religious background, and remand shelters run by the Department of Youth and Community Services. The inner city of Sydney and towns with a relatively high concentration of Aboriginal people are areas of special need, because they have had the highest arrest rates under the previous law. In the inner city, people who are intoxicated are now becoming aware that they are welcome at the major welfare agencies. They no longer remain on the streets waiting for the police to arrest them. However, towns with large Aboriginal populations currently lack facilities to provide alternatives to police cells. The police have had to adjust to the new legislation in that they now have to identify the service needs of the intoxicated persons and to take them directly to the voluntary agencies. Current problem areas in implementing the legislation include the difficulty of obtaining appropriate centers for intoxicated persons, the need for emergency medical treatment, and the need for better information for planning. Persons detained currently receive treatment only with consent. Footnotes presenting data and a summary of an oral discussion of the paper are included.