alcohol offences

for people under 18
related alcohol charges

The most common alcohol related offences in Victoria, covered under the Summary Offences Act 1966 (Vic), are:

drunk in a public place (section 13); and
drunk and disorderly (section 14).

Disorderly behaviour includes disturbing the peace or interfering with the comfort of other people who may be near the street or public place. If the police pick you up for these offences, you will usually be put into the police cells for four hours or overnight. You may then be charged and bailed to a hearing date. Unlike almost all other criminal offences, if you do not wish to contest these charges (i.e. you elect to plead guilty) you do not have to attend court, as common practice is for the court to find the charge proven (i.e. that you are guilty) and dismiss it (without any other penalty) whether you attend the court or not.

Note: This is only the case in relation to these charges and does not apply to other offences. For other charges, it is in your best interest to attend court, explain your circumstances and seek a more lenient penalty.

for people under 18

Under the Liquor Control Reform Act 1998 (Vic), it is an offence for a young person under 18 to purchase, receive, possess or consume liquor or enter or stay on licensed premises.

It is not an offence for a young person to receive, possess or consume liquor in a private residence or to drink alcohol with their parents with a meal.

related alcohol charges

Often when you are being charged with an alcohol offence, there is a potential for violence between you and the police. If you are charged with resisting or assaulting police (section 52 of the Summary Offences Act), these charges are taken much more seriously by the courts.

If you think you have been wrongfully charged or mistreated you have the right to make a complaint. See the relevant section in this chapter or Chapter 14, Making a Complaint, for further information on the procedure for complaining about police behaviour.