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38 U. Queensland L.J. 367 (2019)
Police as Experts in the Detection of Alcohol and Other Drug Intoxication: A Review of the Scientific Evidence within the Australian Legal Context

handle is hein.journals/qland38 and id is 377 raw text is: 






  POLICE AS EXPERTS IN THE DETECTION

          OF   ALCOHOL AND OTHER DRUG

        INTOXICATION: A REVIEW OF THE

        SCIENTIFIC EVIDENCE WITHIN THE

           AUSTRALIAN LEGAL CONTEXT


               LAUREN A MONDS,   * JULIA QUILTER,t CELINE VAN GOLDET
                            AND LUKE  MCNAMARA§


     Alcohol and Other Drug ('AOD') use is prevalent in Australia and worldwide, and is
     frequently a factor in many crimes. Police are often required to assess whether an
     individual is relevantly intoxicated. This article reviews the current laws and research
     surrounding intoxication detection by police, with a focus on Australia. It finds that
     legislation governing criminal law and police powers offers little guidance, and
     training in intoxication assessment appears to be underdeveloped. It concludes that
     assumptions of police expertise in AOD intoxication detection should be viewed with
     caution. Further research is required into the adequacy of initial and continuing police
     training, and into the practices employed by police officers on the streets, at the police
     station, and in the courtroom.


                             I  INTRODUCTION

Alcohol and Other Drug  ('AOD') use is a prominent issue within Australia. High
levels of substance use' are accompanied by a significant amount of AOD-related
crime; a substantial proportion of offences are committed  by  and committed



     Academic Fellow, Discipline of Addiction Medicine, Faculty of Medicine and Health, The University
     of Sydney.
     Associate Professor, School of Law, University of Wollongong.
     Lecturer, School of Psychology, Faculty of Science, The University of Sydney.
     Professor and Co-Director, Centre for Crime, Law and Justice, Faculty of Law, University of New
     South Wales.
     Julia Quilter and Luke McNamara would like to acknowledge that their contributions to this article
     draw on research previously undertaken with Robin Room and Kate Seear, funded by an Australian
     Institute of Criminology Research Grant (CRG 20/14-15).
     Australian Institute of Health and Welfare, National Drug Strategy Household Survey Detailed Report
     2013 (Report, 25 November 2014).

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