New South Wales Consolidated Acts

INEBRIATES ACT 1912 - SECT 11

11 Inebriates convicted of certain offences

(1) Where a person is convicted before a Magistrate, or on indictment:

(i) of an offence of which drunkenness is an ingredient, or

(ii) of assaulting women, cruelty to children, attempted suicide, or wilful damage to property, and it appears that drunkenness was a contributing cause of such offence,

and on inquiry it appears that the offender is an inebriate, the court may either:

(a) sentence the offender according to law, or

(b) discharge the said offender conditionally on his entering into a recognizance, with or without sureties, that during the period named by the court, not being less than twelve months:

(i) he will be of good behaviour,

(ii) he will not take or use any intoxicating liquor or intoxicating or narcotic drugs,

(iii) he will, once at least in every three months, report his address and occupation to the principal officer of police at the place where such conviction was had, or at such other place as the Commissioner of Police may appoint, such report being made either personally or by letter, unless the Minister directs that the report be made personally, in which case it must be made in that mode only,

(iv) he will not do or omit to do any act whereby the recognizance would become forfeited, or

(c) order the said offender to be placed for a period of twelve months in a State institution established under section 13:
Provided that such order shall only be made on the production of such certificate and on such evidence and inspection as in the case of an order made under section 3.

(2) On the order of the Supreme Court or of a District Court Judge, such period may from time to time be extended for further periods not exceeding twelve months each.

(3) Where the inebriate is physically unfit to travel to the institution named in such order, the court making the order may direct that he be placed for immediate medical treatment for such time as it thinks fit in a gaol, or lock-up, or in a hospital, or private house, under the supervision of the police.