Join WhatsApp group

Drunk and disorderly in a public place

Public order — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Public order

Drunk and disorderly in a public place

Criminal Justice Act 1967, s.91

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • In any public place, while drunk, be guilty of disorderly behaviour (Criminal Justice Act 1967, s.91(1)). Public place includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise (s.91(4)).

Mens rea

  • The section does not add a separate intent-to-cause-harassment element. The prosecution must prove drunkenness and disorderly behaviour in a public place.

Defences

Not in a public place · Not drunk · Behaviour not disorderly

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Conditional discharge – Band C fine.

View definitive guideline ↗

At the police station

Summary only; fine, not custody (s.91(1)). If the sheet says POA s.5 or s.4, that is a different offence with different maxima.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Public order

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.