Sessions 2 Offences Under Summary Offences Act Relating To Drunkenness Flashcards
Give definition of drunkenness in simple words.
Is a person under the influence of alcoholic drinks or drugs that affect the brain and body not working normally.
Describe offences of drunkenness.
Section 3 of the summary offences act, a person who is found drunk in a public place is guilty of an offence.
Describe offences of drunk and disorderly.
Section 4 of SOA, a person who is found drunk in public place and who acts in a manner that in a manner that disturbs a reasonable member of the public or is likely to disturb a reasonable member of the public, is guilty of an offence.
What are the elements of proof for:
(A) drunkenness?
(B) drunk and disorderly?
Drunkenness
1. Name of the offender
2. Date of the offence
3. Found drunk
4. Public place
Drunk and disorderly
1. Name of the offender
2. Date of the offence
3. Found drunk
4. Public place
5. Acting in manner
6. Disturbing a reasonable member of the public.
Describe the seven locations specified as public place.
- Place permitted to members of the public.
- Place which members of the public are admitted on payment.
- Road, street, bridge, footway, footpath etc..
- An aerodrome
- Passengers vessel
- Vehicle (PMV)
- Any school building and land
What are Police powers for offences under Sections 3 and 4?
Police have power to arrest without a warrant.