More needs to be done to keep intoxicated people out of police custody in Canberra according to a report by the Commonwealth Ombudsman released today.
‘Police have a range of powers to deal with intoxicated people,’ Prof. McMillan said. ‘If a person has committed an offence, they can be arrested and charged. My investigation looked at how police use their powers under the Intoxicated People (Care and Protection) Act 1994. The legislation provides options for dealing with the care and protection of intoxicated people who haven’t committed any offence. I have recommended that the police should do more to divert those people from being held in the Regional Watchhouse.’
This investigation has come at a time of increasing focus, both nationally and in the ACT, on problems arising from alcohol sale and consumption, particularly relating to hazardous drinking among young people. Since 2003, 60% of the people who ended up in custody for intoxication in the ACT were aged under 30, and more than 40% were young men aged 18 to 25.
The Ombudsman said that dealing with intoxicated people was often a difficult and demanding job that took up a lot of police time. ‘Police are at the front line of addressing problems such as violence and anti-social behaviour caused by abuse of alcohol and other drugs,’ Prof. McMillan said. ‘I hope that when the ACT Government looks at liquor licensing laws, it will consider the difficulties police face.’
This is the Ombudsman’s third report on how the Australian Federal Police deal with intoxicated people. Since the last report in 2001, a purpose-built shelter has been opened near Ainslie Village to look after people who need a safe place to sober up. While police are taking some people to the shelter, the numbers have dropped and many more still end up in the Watchhouse—more than 1,400 people in 2007. As well, police records show that some people are held for longer than the legislation allows.
The Ombudsman has recommended that the AFP work more closely with ACT Health, which funds the sobering up shelter run by Centacare. ‘I understand the two agencies are already meeting to discuss some of the key issues my investigation has raised,’ Prof. McMillan said.
The report also recommends some changes to police training. Prof. McMillan said that ‘Being drunk in a public place has not been an offence in the ACT since 1983, yet police training still refers to the intoxication detention provisions as “street offences”. The law gives power to police to care for and protect intoxicated people, and that needs to be emphasised.’
Download the report: Australian Federal Police: Use of powers under the Intoxicated People (Care and Protection) Act 1994 [pdf, 1.1 MB].
For further information or to arrange an interview with Prof. McMillan contact:
Elizabeth Courtney-Frost
Director, Public Affairs
02 6276 0133 or 0408 861 803
elizabeth.frost@ombudsman.gov.au
