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Daily Record
Daily Record
National
Julie Dunnett

Parents can be arrested for drinking alcohol when looking after their children

Adults drinking a moderate amount of alcohol around their children can be a normal part of family life.

But parents could find themselves falling foul of the law if they decide to indulge too much while looking after their little ones.

But how much is too much? It all comes down to interpretation of two key laws.

In Scotland, adults can be arrested if they are considered to be drunk while in charge of a child under 10 in a public place.

Under the Civic Government (Scotland) Act 1982, parents can be charged with a criminal offence if this happens

If the adult is subsequently convicted, courts can impose fines of up to £500.

Being drunk in charge of a child while at home is covered by a different law.

Usually for a parent to be arrested for being intoxicated at home while looking after a child, police need to feel that the child is being neglected.

Under the The Children and Young Persons (Scotland) Act 1937, an adult can be charged with neglecting their child in a manner likely to cause unnecessary suffering, while “incapacitated through alcohol”.

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