Drunkenness

Question 1

What are the signs and symptoms of people who are drunk.

Answer 1

Unsteady VIBES

Uncoordinated
Vomit stained or dishevelled
Incoherent or slurred speech
Breath smelling of intoxicants
Eyes glazed or bloodshot
Sweaty and complexion flushed

Question 2

State the offence, unlawful drunks (or drunk and incapable D&I)

Answer 2

It is an offence for any person to be found drunk on a highway or other public place whether a building or not or on any licences premises.

Question 3

To prove the offence what is sufficient?

Answer 3

It is sufficient for a police offer to give evidence of what is observed about the person that indicates drunkenness.

(Direct evidence of observation not opinion)

Question 4

State section 24 PACE

Answer 4

(1) A constable may arrest without a warrant—
(a) anyone who is about to commit an offence;
(b) anyone who is in the act of committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.

Question 5

What necessity criteria may apply to the offence unlawful drunk when arresting a suspect

Answer 5

As it does not involves violence or rowdy behaviour the necessity criteria would probably be for the safety of the person to prevent them harming themselves.

Question 6

State the offence for drunk and disorderly (D&D)

Answer 6

It is an offence for any person whilst drunk in a public place to be guilt of disorderly behaviour

Section 91(1) criminal justice act 1967

Question 7

Define disorderly

Answer 7

Aggressive, noisy, violent or quarrelsome behaviour.

Question 8

What might the necessity criteria be for D&D

Answer 8

1. Causing physical harm to self of another
2. Suffering physical harm and
3. Offending against public decency

Question 9

What is the primary responsibility of a police officer when they find a drunk person who may be committing offences?

Answer 9

Their well being.

I.e if a drunk person is found and they can’t be roused then they would be taken to a police station.

Question 10

When a drunken detainee is detained at a police station, the codes of practice require that they be visited how often?

Answer 10

At least every 30 minutes and roused and spoken to on each visit.

Question 11

How do you check a drunk persons condition?

Answer 11

Rousability - can they be woken?

1. Go into cell
2. Call their name
3. Shake gently

Response to questions - can they give appropriate answer to questions such as:

1. What is your name
2. Where do you live
3. Where do you think you are?

Response to commands - can they respond appearing commands such as:

1. Open your eyes
2. Lift one arm, now the other

If there is any doubt or concern about their condition the custody officer must be informed.