Being Drunk In A Public Place
What the law says
Sections 10 0f the Summary Offences Act Queensland states:
A person must not be drunk or intoxicated in a public place
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused was in a public place.
- The accused was drunk.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
The Maximum penalty for the offence of Being Drunk in a Public Place is 2 penalty units
Which court will hear the matter
This matter is simple offence which means it is dealt with in the Magistrates Court.
Possible defences to this offence include but are not limited to
- Identification i.e. not the accused.
- The behaviour was not in a public place.
- The accused was not drunk.
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Being Drunk in a Public Place matters)