On-the-spot fine for public drunkenness

**noby** · 17/09/2008, 2:31 PM

So we can be fined €100 for being drunk in public, and an extra €40 if we are disorderly too, as of last Monday. The IT, amongst others covered it here.

Of course, given time to think about it the IT poked a few holes in it today. Click.

The Human Rights Act also forbids punishment for actions that are not an offence at the time of their commission. Because it is not an offence to drink, it is arguably not an offence to become drunk

**pineapple stu** · 17/09/2008, 3:18 PM

How drunk is drunk?

**pete** · 17/09/2008, 3:22 PM

Originally Posted by noby

Of course, given time to think about it the IT poked a few holes in it today. Click.

he Human Rights Act 2003, which grants anyone facing civil or criminal sanction the presumption of innocence and the right to a public hearing before an impartial tribunal.

Penalty points for driving are given without a tribunal/court hearing. On the spot litter offences. I imagine with drunkenness still have the right of hearing.

The Human Rights Act also forbids punishment for actions that are not an offence at the time of their commission. Because it is not an offence to drink, it is arguably not an offence to become drunk, as the obnoxious son of a barrister will point out loudly.

Drinking driving?

Public drunkenness is overwhelmingly a problem with the young. Under the Equal Status Act 2000 it is illegal to discriminate against anyone on the grounds of age.

Sweeping statement by the IT. Don't even know where to start.

Terrible article by the IT.

**inexile** · 17/09/2008, 3:28 PM

stupid article from the IT, seems to be attempting to argue just for the sake of it.

It appears to be siding with the "decent" person who has had too much to drink, instead of dragging them throught the courts like a criminal they are giving them the option of paying a fine and escaping a criminal conviction.

**passinginterest** · 17/09/2008, 3:35 PM

It's not like this kind of legislation has been introduced so that anyone who looks a little unsteady on their feet can be hit with a fine. Presumably it's to discourage idiots from getting so drunk that they become a danger to themselves and others, placing a strain on our emergency services and over crowded A&E's. I think almost everyone would accept we have a major alcohol abuse problem in this country and this seems like a fairly sensible measure to try and combat it (unlike off license closing early and clubs all closing at the same time). If people are hit in the pocket for acting the eejit they might be more inclined to have a bit of cop on the next time.

**Bald Student** · 17/09/2008, 3:38 PM

Do we have on the spot fines for public vomiting or public urinating? They could serve as good proxy laws.

**jebus** · 17/09/2008, 3:48 PM

Originally Posted by Bald Student

Do we have on the spot fines for public vomiting or public urinating? They could serve as good proxy laws.

We do for urinating, not for vomiting as that could lead to people who are genuinely ill being fined. Imagine that, you've just come out of the doctors because you have a terrible stomach flu, you feel your stomach going and nip down an alleyway to cause the least offence and after you're done you get a tap on the shoulder and get asked to pay up a €125 fine. Sickening

**inexile** · 17/09/2008, 3:53 PM

then you just get sick all over the copper, may as well be hung for a sheep as a lamb.

I think the urinating in public could be a cause of contention, in any town/city in the country is there a public toilet available for use after the pubs shut? afaik there are 2 portaloos in westmoreland st on fri and saturday nights to cater for the entire city that are out!!

**monutdfc** · 17/09/2008, 5:01 PM

The Newton's Optic column is usually written in a tongue-in-cheek or Flann O'Brien style.

OT: His one about adopting the Ryanair model for Universities instead of reintroducing fees was very funny

"Swotty students like to sit at the front of the class. Charge them an extra €5."

http://www.irishtimes.com/newspaper/...158412694.html

**pete** · 17/09/2008, 5:11 PM

When guard comes up to give you a E100 fine for drunkenness he will give you the option of giving him some lip (disorderly) for an extra E40. "

Will you have some disorderly with that starting fine Sir"?

**Sligo Hornet** · 19/09/2008, 2:44 PM

Originally Posted by jebus

We do for urinating, not for vomiting as that could lead to people who are genuinely ill being fined. Imagine that, you've just come out of the doctors because you have a terrible stomach flu, you feel your stomach going and nip down an alleyway to cause the least offence and after you're done you get a tap on the shoulder and get asked to pay up a €125 fine. Sickening

On the plus side, at least you would have a piece of paper to wipe your ass with!