Watch House bail vs Magistrate Court Bail

as i have done a few overnighters myself the only time i have been released from the watch house was for pissed in public after 8hours or after 8hours in the cell and no charge has been placed.

It also depends on the charge. There is a policy of not providing watch house bail to people charged with a Family Violence offence.

bd84 said :

Most drunks these days are just taken into custody for their own safety and released when sober with no charge. It’s time that fines were reintroduced for anyone taken into custody for this reason, $200 odd fine will be a better incentive to stay sober enough, just releasing them with no charge just gives an indication that it is okay.

Agreed, some payment towards the waste of police time and manpower should be imposed.

Actually the sobering up shelter is for *any* drunk, so long as they’re not aggressive. I imagine the chronic drunks do get the most use out of it though.

Although not quite on point, S4 of the Intoxicated Persons (Care and Protection)Act 1994 states:

4 Detention of intoxicated people
(1) If a police officer believes, on reasonable grounds, that a person in a
public place is intoxicated and is, because of that intoxication—
(a) behaving in a disorderly way; or
(b) behaving in a way likely to cause injury to himself, herself or
another person, or damage to any property; or
(c) incapable of protecting himself or herself from physical harm;
the officer may take the person into custody and detain the person.
(2) The police officer may take the person into custody only if the
officer is satisfied that there is no other reasonable alternative for
the person’s care and protection.
(3) A person detained under subsection (1) must be released—
(a) when the person ceases to be intoxicated; or
(b) at the end of 8 hours after the person is detained;
whichever is earlier.
(4) A police officer must not allow a person detained under
subsection (1) to remain at a police station where the person was
detained for longer than 12 hours after the person is first detained.
(5) This section does not prevent a police officer from releasing a
person detained under subsection (1) if, in the police officer’s
opinion, it is reasonable to release the person.
(6) For subsection (5), a police officer is taken to have acted reasonably
if the officer releases a person detained under subsection (1) into the
care of the manager of a licensed place.

sunshine said :

there’s also the sobering up facility they can go to at Ainslie Village

I don’t think it is used for the normal Saturday night drunk, more people with a history of alcohol and drug abuse.

Most drunks these days are just taken into custody for their own safety and released when sober with no charge. It’s time that fines were reintroduced for anyone taken into custody for this reason, $200 odd fine will be a better incentive to stay sober enough, just releasing them with no charge just gives an indication that it is okay.

georgesgenitals said :

Tooks said :

You’ve pretty much answered your own question, but there’s a bit more to it. Check out http://www.legislation.act.gov.au and search for the Bail Act 1992 for more info.

BTW bail doesn’t apply to people locked up for being drunk, unless they are charged with an offence.

How do the police choose which drunks to lock up? Is it just the ones who appear to be a danger to themself or others? I’m guessing people wander home drunk at 3am without hurting anyone don’t generally get hassled.

Basically, anyone who is so drunk they’re likely to cause harm to themselves, someone else, or damage property.

there’s also the sobering up facility they can go to at Ainslie Village

Tooks said :

You’ve pretty much answered your own question, but there’s a bit more to it. Check out http://www.legislation.act.gov.au and search for the Bail Act 1992 for more info.

BTW bail doesn’t apply to people locked up for being drunk, unless they are charged with an offence.

How do the police choose which drunks to lock up? Is it just the ones who appear to be a danger to themself or others? I’m guessing people wander home drunk at 3am without hurting anyone don’t generally get hassled.

Tooks said :

You’ve pretty much answered your own question, but there’s a bit more to it. Check out http://www.legislation.act.gov.au and search for the Bail Act 1992 for more info.

BTW bail doesn’t apply to people locked up for being drunk, unless they are charged with an offence.

thanks for the link