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.
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.
- Statute:Criminal Justice Act 1967, s.91 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Public order offences (charging standard) ↗