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Drunk and disorderly in a public place

s.91Criminal Justice Act 1967

Behaving in a disorderly way while drunk in a public place.

Drunk and disorderly in a public place · Criminal Justice Act 1967, s.91Card 45 / 85

Points to prove

Public place – s.91(4): 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.
Drunk – not defined in the Act. It takes its ordinary meaning.
Disorderly behaviour – not defined in the Act. It takes its ordinary meaning.

The section states no mental element. The prosecution must prove the person was drunk and behaving in a disorderly way at the time.
There is no power to imprison for this offence: the only penalty is a fine.
Section 91 replaced the older drunk and disorderly provisions, including the corresponding part of s.12 Licensing Act 1872 (s.91(2)).
Being drunk in a public place without disorderly behaviour is a separate offence under s.12 Licensing Act 1872.

Legislation: Criminal Justice Act 1967, s.91 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Level 3 fine (up to £1,000)