❓ Dr. Woollard inquires about the removal of public drunkenness as an arrestable offence in WA, and the Minister provides details on the legislative amendment and its rationale, citing reduced imprisonment rates and alignment with recommendations from inquiries into Aboriginal deaths in custody.
AnsweredQoN 3243Legislative Assembly
QuestionView source ↗
It has come to my attention that previously in Western Australia public drunkenness was an offence for which a person could be arrested by a police officer. Could the Minister please advise:
(a) when the relevant legislation in Western Australia was amended to remove the ability of police officers to arrest a person for being drunk in public; and
(b) what was the rationale behind this amendment to the legislation?
(a) when the relevant legislation in Western Australia was amended to remove the ability of police officers to arrest a person for being drunk in public; and
(b) what was the rationale behind this amendment to the legislation?
AnswerView source ↗
Answered
10 August 2010
Responded by
Minister for Police
Response time
48 days
(a) The relevant offence was contained in section 44 of the
Police Act 1892
. The offence was repealed from the statute by the
Acts Amendment (Detention of Drunken Persons) Act 1989.
This Act commenced on 27 April 1990.
(b) The
Acts Amendment (Detention of Drunken Persons) Act 1989
inserted Part VA into the Police Act. This Part provided police with powers to apprehend persons intoxicated by alcohol and detain them in a police facility until they are fit for release or release them to the care of a third person who is capable of taking adequate care of the person. The rationale behind these measures is contained with the relevant second reading speech delivered by the Minister for Justice on 5 December 1989 -
"This Bill will implement the last major item in the package of measures to reduce the rate of imprisonment which the Attorney General announced in a ministerial statement on 29 October 1987. This package is part of the Government's program of reform of the criminal law........ that program has been guided by the principle that more severe penalties should be provided for the most serious offences, especially those involving violence or drugs, but that greater emphasis should be placed on non-custodial alternatives for what may reasonably be regarded as lesser offences......"
Hansard also goes on to cite the following reasons to support the introduction of the legislation:
To reduce the role of the criminal justice system for dealing with drunken persons; and
To reduce the number of court appearances and pressures on police time.
This legislation is consistent with the recommendations of the Vincent Inquiry into Aboriginal Deaths in Custody and the Court of Criminal Appeal's view that imprisonment should be a sentence option of last resort.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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Police Act 1892
. The offence was repealed from the statute by the
Acts Amendment (Detention of Drunken Persons) Act 1989.
This Act commenced on 27 April 1990.
(b) The
Acts Amendment (Detention of Drunken Persons) Act 1989
inserted Part VA into the Police Act. This Part provided police with powers to apprehend persons intoxicated by alcohol and detain them in a police facility until they are fit for release or release them to the care of a third person who is capable of taking adequate care of the person. The rationale behind these measures is contained with the relevant second reading speech delivered by the Minister for Justice on 5 December 1989 -
"This Bill will implement the last major item in the package of measures to reduce the rate of imprisonment which the Attorney General announced in a ministerial statement on 29 October 1987. This package is part of the Government's program of reform of the criminal law........ that program has been guided by the principle that more severe penalties should be provided for the most serious offences, especially those involving violence or drugs, but that greater emphasis should be placed on non-custodial alternatives for what may reasonably be regarded as lesser offences......"
Hansard also goes on to cite the following reasons to support the introduction of the legislation:
To reduce the role of the criminal justice system for dealing with drunken persons; and
To reduce the number of court appearances and pressures on police time.
This legislation is consistent with the recommendations of the Vincent Inquiry into Aboriginal Deaths in Custody and the Court of Criminal Appeal's view that imprisonment should be a sentence option of last resort.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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