❓ The WA Government's response to a parliamentary question regarding the abolition of powers to arrest intoxicated individuals for street drinking. The government does not explicitly support the recommendation, citing existing legislation and police policy focused on welfare and duty of care.
AnsweredQoN 430Legislative Council
QuestionView source ↗
I refer to the Coroner’s recommendation that Parliament consider the abolition of the power to arrest and detain an intoxicated person for street drinking where the police officer reasonably suspects the person will continue street drinking unless the person is arrested, and I ask:
(a) does the Government support this recommendation;
(b) if no to (a), why not;
(c) if yes to (a), has the Government undertaken any work to progress this recommendation;
(d) if yes to (c), what work has been undertaken; and
(e) if no to (c), why not?
(a) does the Government support this recommendation;
(b) if no to (a), why not;
(c) if yes to (a), has the Government undertaken any work to progress this recommendation;
(d) if yes to (c), what work has been undertaken; and
(e) if no to (c), why not?
AnswerView source ↗
Answered
13 March 2018
Responded by
Minister for Environment representing the Minister for Police
Response time
12 days
The WA Police Force advise that there is no longer an offence for being intoxicated. The Liquor Control Act 1988 (LCA) allows for the issuance of an infringement to deal with street drinking in the first instance. If attending police are not satisfied issuing an infringement notice will prevent reoffending, powers in section 119(1) of the LCA, read with section 128(3) of the Criminal Investigation Act 2006 (CIA), allows for the arrest and detention of a person in custody. This is only exercised as a “last resort” where police are satisfied the person is unable to adequately care for themselves. It is important that any amendment to the criteria in section 128(3) of the CIA do not negatively affect the welfare benefits of the CIA. The WA Police Force policy relating to this recommendation provides for a duty of care to be exercised by police to protect the intoxicated person and goes beyond that which is related solely to the detaining of the person. The policy aims to ensure the intoxicated person is not left in a vulnerable situation and measures are taken to avoid the person being held in a police lock-up. WA Police Force Policy Protective Custody provides that police only detain an intoxicated adult person in the best interest of health and safety of the detainee and no other person or facility is available to accept and care for the detainee. The WA Police Force continue to review the current procedures within the WA Police Manual and may make further enhancements to ensure the wellbeing of detained persons. The Government is also committed to introducing a Custody Notification Scheme. (c) Not applicable. (d) Not applicable. (e) Not applicable.
The WA Police Force policy relating to this recommendation provides for a duty of care to be exercised by police to protect the intoxicated person and goes beyond that which is related solely to the detaining of the person. The policy aims to ensure the intoxicated person is not left in a vulnerable situation and measures are taken to avoid the person being held in a police lock-up. WA Police Force Policy Protective Custody provides that police only detain an intoxicated adult person in the best interest of health and safety of the detainee and no other person or facility is available to accept and care for the detainee. The WA Police Force continue to review the current procedures within the WA Police Manual and may make further enhancements to ensure the wellbeing of detained persons. The Government is also committed to introducing a Custody Notification Scheme. (c) Not applicable. (d) Not applicable. (e) Not applicable.
The WA Police Force continue to review the current procedures within the WA Police Manual and may make further enhancements to ensure the wellbeing of detained persons. The Government is also committed to introducing a Custody Notification Scheme. (c) Not applicable. (d) Not applicable. (e) Not applicable.
The Government is also committed to introducing a Custody Notification Scheme. (c) Not applicable. (d) Not applicable. (e) Not applicable.
(c) Not applicable. (d) Not applicable. (e) Not applicable.
(d) Not applicable. (e) Not applicable.
(e) Not applicable.
The WA Police Force policy relating to this recommendation provides for a duty of care to be exercised by police to protect the intoxicated person and goes beyond that which is related solely to the detaining of the person. The policy aims to ensure the intoxicated person is not left in a vulnerable situation and measures are taken to avoid the person being held in a police lock-up. WA Police Force Policy Protective Custody provides that police only detain an intoxicated adult person in the best interest of health and safety of the detainee and no other person or facility is available to accept and care for the detainee. The WA Police Force continue to review the current procedures within the WA Police Manual and may make further enhancements to ensure the wellbeing of detained persons. The Government is also committed to introducing a Custody Notification Scheme. (c) Not applicable. (d) Not applicable. (e) Not applicable.
The WA Police Force continue to review the current procedures within the WA Police Manual and may make further enhancements to ensure the wellbeing of detained persons. The Government is also committed to introducing a Custody Notification Scheme. (c) Not applicable. (d) Not applicable. (e) Not applicable.
The Government is also committed to introducing a Custody Notification Scheme. (c) Not applicable. (d) Not applicable. (e) Not applicable.
(c) Not applicable. (d) Not applicable. (e) Not applicable.
(d) Not applicable. (e) Not applicable.
(e) Not applicable.
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