NCJ Number
120727
Date Published
1989
Length
21 pages
Annotation
This report examines Aboriginal public drunkenness law in Victoria (Australia), the extent of the problem, and recommends decriminalization similar to that adopted by other Australian jurisdictions.
Abstract
The Interim Report of the Muirhead Royal Commission into Aboriginal Deaths in Custody concluded that the disproportionately high police arrest and detention rate of Aborigines is a critical factor in their high incidence of policy custody death. It recommends that decriminalization be accompanied by adequate programs for the care and treatment of intoxicated persons, and that police utilize alternatives to custody such as taking the intoxicated person home or to a treatment facility. According to current law, public drunkenness is punishable by $100, and public drunkenness and disorder is punishable by $100 or three days' imprisonment. A second or subsequent offense is punishable by $500 or one month imprisonment. The drunkenness arrest rate per 1,000 in Victoria was 5.21 in 1982, 4.79 in 1983, 4.49 in 1984, 4.47 in 1984/85, 5.25 in 1985/86, and 5.35 in 1986/87. Arrests commonly occur in crowd situations such as cricket matches, at hotels and discos, and with habitual drunks who often are also homeless. While drunks are encouraged to take public transportation, their effect on travellers on trains is a special issue. A Draft Bill for a Public Intoxication Act 1989 makes specific proposals for decriminalization. 1 table, 2 appendixes.