What constitutes an offence of intoxication under the Criminal Justice (Public Order) Act 1994?

The offence of intoxication under the Criminal Justice (Public Order) Act 1994 is primarily concerned with public safety and the potential for causing disturbances or harm to oneself or others due to intoxication. The correct understanding is that the offence is established when an individual’s level of intoxication leads to a situation where a reasonable person might fear for their own safety or the safety of others. This reflects a focus on the consequences of one's behavior while intoxicated, particularly in public spaces, where the presence of others heightens the importance of maintaining order and safety.

The law does not criminalize simply being under the influence of alcohol in a private setting since that doesn't pose a risk to public order. Similarly, while consuming alcohol in a public place or engaging in loud behavior might lead to disturbances, they do not necessarily imply that such actions are sufficiently dangerous to warrant legal action unless they escalate to the level of causing reasonable apprehension of danger. Thus, the emphasis in this context is on the actual impact of intoxication on public safety rather than the mere act of drinking or being noisy.