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Services that Manage the Care Needs of Drunk - Scottish Government

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1 INTRODUCTION<br />

1.1 This report is a review <strong>of</strong> <strong>the</strong> worldwide literature on services <strong>that</strong> exist to<br />

manage <strong>the</strong> care needs <strong>of</strong> drunk and incapable people. This review was<br />

undertaken as part <strong>of</strong> a larger research study commissioned by <strong>the</strong> <strong>Scottish</strong><br />

<strong>Government</strong> and being carried out by Griesbach & Associates. The overall<br />

study will attempt to answer four questions:<br />

1. What do <strong>the</strong>se services look like — in Scotland and elsewhere?<br />

2. What is considered to be good practice in providing for <strong>the</strong> needs <strong>of</strong> drunk<br />

and incapable people in Scotland and elsewhere?<br />

3. What need is <strong>the</strong>re for services for drunk and incapable people in Scotland?<br />

4. What are <strong>the</strong> best options for providing such services?<br />

1.2 This report partly addresses <strong>the</strong> first two <strong>of</strong> <strong>the</strong>se questions. The aims <strong>of</strong> this<br />

review were:<br />

• To identify services <strong>that</strong> exist in o<strong>the</strong>r countries (outside <strong>of</strong> Scotland) to<br />

manage <strong>the</strong> needs <strong>of</strong> drunk and incapable people and<br />

• To identify good practice in providing <strong>the</strong>se services.<br />

1.3 It should be noted <strong>that</strong> no literature was identified concerning services in<br />

Scotland. However, information about current services in Scotland is being<br />

collected as part <strong>of</strong> <strong>the</strong> larger research study, and was included in <strong>the</strong> final<br />

report <strong>of</strong> <strong>the</strong> study.<br />

1.4 The main focus <strong>of</strong> this report is on “sobering-up services” – services which<br />

provide an overnight place <strong>of</strong> safety for people who are identified as<br />

intoxicated (ei<strong>the</strong>r with alcohol or drugs) in a public place, and who are<br />

incapable <strong>of</strong> looking after <strong>the</strong>mselves because <strong>of</strong> <strong>the</strong>ir intoxication. In<br />

Scotland, <strong>the</strong>se types <strong>of</strong> services are <strong>of</strong>ten referred to as “designated places”.<br />

(In this report, <strong>the</strong> term “sobering-up services” will be used in preference to <strong>the</strong><br />

term “designated places” as it more clearly describes <strong>the</strong> purpose <strong>of</strong> <strong>the</strong>se<br />

services.)<br />

1.5 So-called “designated places” were introduced in Scotland under section 5 <strong>of</strong><br />

<strong>the</strong> Criminal Justice (Scotland) Act 1980. This legislation was part <strong>of</strong> a wider<br />

policy <strong>that</strong> decriminalised public drunkenness, following a growing awareness<br />

<strong>of</strong> a futile cycle <strong>of</strong> individuals being arrested for public intoxication, tried, fined<br />

and <strong>the</strong>n sent to prison for non-payment <strong>of</strong> fines. The legislation provided for<br />

“designated places” where <strong>the</strong> police could take intoxicated people to sober up<br />

– thus diverting <strong>the</strong>m from police custody.<br />

1.6 In practice, <strong>the</strong> police are still charging people with <strong>the</strong> <strong>of</strong>fence <strong>of</strong> being drunk<br />

and incapable under section 50(1) <strong>of</strong> <strong>the</strong> Civic <strong>Government</strong> (Scotland) Act<br />

1982. This allows <strong>the</strong> police to arrest drunk and incapable people if <strong>the</strong>y do<br />

not have a responsible person to take care <strong>of</strong> <strong>the</strong>m.<br />

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