Drunk and Disorderly in a Public Place (Section 91 Criminal Justice Act 1967)

Drunk and Disorderly in a Public Place is an offence under s.91 Criminal Justice Act 1967. Any person who in any public place is guilty, while drunk, of disorderly behaviour commits the offence (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)). Maximum sentence: on summary conviction, a fine not exceeding level 3 on the standard scale (s.91(1)). The section provides for a fine only, so the offence is not imprisonable.

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. Officers should consider whether a penalty notice for disorder (PND) is appropriate as an alternative to charge. Body-worn video is the primary evidence. Consider vulnerability: if the person is incapable of caring for themselves, they may need to be taken to a place of safety rather than a police station. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them.