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Part IV Offences, Powers of Constables, etc.

Offences of annoying, offensive, obstructive or dangerous behaviour

50 Drunkenness.

1

Any person who, while not in the care or protection of a suitable person, is, in a public place, drunk and incapable of taking care of himself shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding F1level 2 on the standard scale.

2

Any person who is drunk in a public place while in charge of a child under the age of 10 shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding F1level 2 on the standard scale.

3

For the purposes of subsection (2) above, if a child appears to the court to be under the age of 10, the child shall be deemed to be under that age unless the contrary is proved.

4

A constable may arrest a person for contravening subsection (2) above if he has reasonable cause to believe that the child in the charge of that person is under the age of 10.

5

Any person who is drunk in a public place while in possession of a firearm (including a crossbow, airgun, air rifle or air pistol) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding F1level 2 on the standard scale.

6

In this section, “public place” has the same meaning as in section 133 of this Act but includes—

a

any place to which at the material time the public are permitted to have access, whether on payment or otherwise; and

b

any public conveyance other than a taxi or hire car within the meaning of section 23 of this Act.