Whilst rare, there are provisions for the police to charge with an offence relating to caring for a child whilst intoxicated which ties-in with motoring law.
Section 2(1) of the Licensing Act 1902 provides that if any person is found drunk in any highway or other public place, whilst having the charge of a child apparently under the age of seven years, are liable to be committing an offence. This offence would not cover care of a child at home, which would be covered by alternative offences of neglect.
Guidance on this offence is limited. The charge itself is rare in our experience, particularly given the age of the legislation that created the offence, however reference can be made to R (A) v Lowestoft Magistrates’ Court [2013] EWHC 659 (Admin) which states:
- It is unnecessary to show that there has been an infliction of physical or psychological harm, or even that this would be likely to occur
- The case gave a modern interpretation of the intention behind the creation of the offence, in that it exists to promote the welfare of small children who could be at risk of physical or psychological harm, because the person responsible for their welfare is intoxicated.
Penalty
On conviction in the Magistrates’ Court, the court may impose a financial penalty or in the most serious cases, a prison sentence not exceeding one month.
Defences
Where combined with a drink or drug drive related offence, a key issue is whether there is a reliable evidential result to demonstrate that a person may be over a prescribed drink or drug drive limit. It is often possible to have evidential results excluded due to poor police procedure, or issues relating to how a blood sample was analysed.
However, offences relating to children in this situation do not require evidence that someone is in excess of a prescribed limit, therefore the police may still use alternative evidence to show at court that someone may be drunk, for example if there is clear evidence of intoxicated demeanour on body worn footage. In these situations it may be that any demonstration of behaviour suggesting intoxication could be explained by alternative means.
If there is no compromise to the child’s safety in the circumstances, it is also likely that any charge would fail, so it would be heavily dependent on the case facts.
Call Us Now Free on 0800 1389 123
Call Geoffrey Miller Solicitors 24 hours 7 days a week
Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.
Add comment