Drunk and disorderly in a public place (Revised 2017)

Criminal Justice Act 1967, s.91
Effective from: 24 April 2017

Triable only summarily:
Maximum: Level 3 fine
Offence range: Conditional discharge – Band C fine

User guide for this offence


Steps 1 and 2 – Determining the offence seriousness

The starting point applies to all offenders irrespective of plea or previous convictions.

Starting Point Range
Band A fine Conditional discharge – Band C fine
Band ranges
Starting point Range
Fine Band A  50% of relevant weekly income  25 – 75% of relevant weekly income
Fine Band B  100% of relevant weekly income  75 – 125% of relevant weekly income
Fine Band C  150% of relevant weekly income 125 – 175% of relevant weekly income
Fine Band D  250% of relevant weekly income 200 – 300% of relevant weekly income
Fine Band E 400% of relevant weekly income 300 – 500% of relevant weekly income
Fine Band F  600% of relevant weekly income  500 – 700% of relevant weekly income

The court should then consider adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.

Factors increasing seriousness

Statutory aggravating factors:

  • Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
  • Offence committed whilst on bail
  • Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity

Other aggravating factors:

  • Substantial disturbance caused
  • Offence ties up disproportionate police resource
  • Disregard of earlier warning regarding conduct
  • Failure to comply with current court orders
  • Offence committed on licence or post sentence supervision
  • Location of the offence
  • Timing of the offence
  • Offence committed against those working in the public sector or providing a service to the public
  • Presence of others including, especially children or vulnerable people

Factors reducing seriousness or reflecting personal mitigation

  • Minimal disturbance caused
  • No previous convictions or no relevant/recent convictions
  • Remorse
  • Good character and/or exemplary conduct
  • Age and/or lack of maturity where it affects the responsibility of the offender
  • Mental disorder or learning disability