What is being drunk and incapable?

As the Christmas Party season gets into full swing, arrests for drunken behaviour are set to rise as well. But what constitutes being drunk and incapable?

Tonight is the biggest office party night of this year's festive season, according to Boots. Sales of aspirin have soared as people prepare for the inevitable hangover the next day.

Police are also bracing themselves for hordes of drunken revellers. The first high-profile casualty of the season is former health minister Stephen Twigg, who was arrested on Monday and fined £50 for being drunk and incapable.

The 38-year-old ex-MP had reportedly drunk too much red wine at a Christmas lunch and was on his way home when he was stopped by a policeman in central London.

Sober up

But with so many people taking advantage of Christmas hospitality, what constitutes being drunk and incapable and couldn't most of the nation be arrested for it?

The official definition of being drunk and incapable is when you are so drunk you are unable to stand or walk or unaware of what you are doing or unable to understand what is said to you.

If a person is arrested for the offence, and they have no previous record and are not disorderly, they will be taken to a police station and kept there until they are sober. This could mean a night in the cells, being woken every half hour to make sure they are ok.

The person will also be issued with a £50 fixed penalty notice. From January to August this year 22,667 notices were issued. If they are injured they will be taken to hospital instead.

Enforcing the law is down to the discretion of individual officers, says the Metropolitan Police.

"As with all laws, they are there for a police officer to use as they see appropriate," says a spokesman.

Ritual

For drinkers there is safety in numbers, as any attempt to round up rowdy revellers in Britain's town and cities - even on a quiet weeknight - would soon over-stretch police and fill their cells to bursting point.

"The police don't usually do anything unless a person was being a pest or if they were a risk to themselves," says Andrew McNeil of the Institute of Alcohol Studies (IAS).

The offence of being drunk and incapable is not a new one. It was first recognised in statute during the 18th and 19th centuries, according to the University of Dundee.

But statistics for drunkenness are on the decline, says the IAS - although not because we are drinking less, rather fewer people are being arrested.

"There has been a steady lack of enforcement of what are technically breaches of the laws," says Mr McNeil. "If you are being quietly drunk in a shop doorway the police will probably turn a blind eye. They are waiting for the serious offences."

If someone does come to police attention for fighting or rowdy behaviour they are usually arrested for being drunk and disorderly. They can be fined up to £1,000 or given a penalty notice for £80.

Under section 12 of the Licensing Act 1902 any person who has been convicted of offences related to drunkenness three times within the preceding 12 months can be banned by the courts from buying alcohol from any licensed premise for three years.

BBC ~ Thursday, 15 December 2005