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Abolition of the offence of public drunkenness

Abolition of the offence of public drunkenness

By Administrative Law and Human Rights Section

Advocacy 

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The LIV has called for the Victorian government to legislate to abolish the offence of public drunkenness.

The LIV has written a letter to the Victorian Attorney-General calling on the government to legislate to abolish the offence of public drunkenness in line with recommendation 79 of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC).
 
The LIV has reiterated its strong support for the abolition of the offence of public drunkenness in light of the ongoing coronial inquest into the death in custody of Yorta Yorta woman Tanya Day. Ms Day died on 22 December 2017 from an injury sustained in police custody on 5 December 2015 after being arrested for public drunkenness. Aboriginal and Torres Strait Islander peoples account for 29.6% of all people imprisoned for public order offences such as public drunkenness, and account for over 9% of those in prison in Victoria for such offences. 
 
Recommendation 79 called for governments in jurisdictions where drunkenness has not been decriminalised to legislate to abolish the offence of public drunkenness. The LIV also recommends that the Victorian government provide adequately funded programs and non-custodial facilities for intoxicated persons, and to place a statutory duty on police officers to consider alternatives to detention in police cells for intoxicated persons.
 
Read the letter here.
 
 

Contact

Administrative Law and Human Rights Section
E: ALHRSection@liv.asn.au
P: (03) 9607 9445

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