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# 5.2 Other alcohol offences – drunk and disorderly, and being found drunk

A PCSO on patrol in a neighbourhood will often come across people who are drunk. As a PCSO, it’s important they understand what behaviour is classed as ‘drunk’ and what behaviour is classed as ‘disorderly’. If conferred upon them by their Chief Constable, PCSOs have the power to deal with drunk and disorderly and being found drunk on the highway by way of a penalty notice for disorder (PND). This significantly reduces administration time for the police and courts in dealing with relatively minor offences. However, someone who is drunk cannot be issued with a PND whilst drunk, meaning a PCSO would usually have to call upon the assistance of a police officer colleague to arrest the drunk person, should that be necessary in the circumstances. The offence can be dealt with through the court and is triable summarily, with the penalty applicable being a fine or one month’s imprisonment.

## Key law: Section 91(1) of the Criminal Justice Act 1967

The definition for this offence is:

Any person who in any public place is guilty, while drunk, of disorderly behaviour shall be liable.

(Criminal Justice Act 1967)

The legislation does not stipulate what ‘drunk’ is, but the Oxford English Dictionary uses the explanation ‘has drunk intoxicating liquor to an extent which affects steady self-control; intoxicated, inebriated’ (‘Drunk’, 2022). Similarly, ‘disorderly’ uses the standard Oxford English Dictionary definition of ‘opposed to or violating moral order, constituted authority, or recognized rule or method; not submissive to rule, lawless; unruly; tumultuous, riotous. (Of persons, or their actions, etc.)’ (‘Disorderly’, 2022). Evidence of the defendant’s behaviour can be from an officer giving a witness testimony.

On occasion, a PCSO may be called to assist police officer colleagues to deal with such incidents, such as offences relating to drunkenness on licensed premises. However, it is generally more likely they will encounter young people and alcohol, and those who are drunk and disorderly away from pubs and clubs.

## Activity 3 Dealing with young people and alcohol

Allow approximately 10 minutes.

A PCSO is on duty in the town that they are regularly posted to. Their patrol takes them past a local playground, which has a shelter, some swings and other play equipment. The area is overlooked on three sides by residential properties. Historically, there have been reports of youths drinking alcohol in the area. The PSCO sees a group of youths, possibly around 14 or 15 years old, who appear to be drinking from a large plastic bottle of cider. The group see the PCSO and one of them hides the bottle under their coat. The PCSO lawfully asks for their names and addresses and checks them with the control room. Most of the youths are under 18, except for one male who is 18. On the ground are two carrier bags. The PCSO identifies, through questioning, that the bags belong to the 18-year-old male. In one of the carrier bags, they see what they believe to be another bottle of cider.

In relation to the unopened bottle of cider in one of the carrier bags, which of the following statements is correct?

a) As the unopened bottle of cider belongs to the person over 18, it cannot be confiscated.
b) The PCSO can request that the person over 18 gives the alcohol to them.
c) The PCSO can require the person over 18 to give the alcohol to them and return the bottles to the station as they are unopened.
d) The PCSO can require the person over 18 to give them the alcohol and dispose of it.

### Answer

Comment

The correct answer is d. With all the information the PSCO has, the persons under the age of 18 have been consuming alcohol with a person over 18. This allows the PCSO to require them to surrender the alcohol, which they can then dispose of.

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