Drunk and Disorderly

The Public Order Act of 1986 defines Drunk and Disorderly behaviour as one of the more minor Public Order offences. It is, however, still a criminal offence that can result in a variety of punishments. Here you can discover detailed information on what this offence includes and what you may expect to be charged with if you are found guilty.

The most significant law that deals with Public Intoxication (in the UK) is CJA 1967 s. 91 – Drunk and Disorderly;

Drunk and disorderly is a well-known crime and one of the most often prosecuted in ‘Magistrates’ Courts. It is not of a difficult or complicated nature. As mentioned above, to be declared guilty, you must be inebriated/drunk, in a public area, and be acting in an unruly manner. The crime has no specific legal meaning. The terms are given their normal, everyday meanings.

In each situation, whether or whether the defendant is inebriated is a matter of fact and varies from case to case. There is no medical definition of drunkenness that can be used. The threshold for being declared as ‘drunk’ is low, as case law shows: you can be judged intoxicated merely because alcohol has damaged your steady self-control. Alcohol does not have to be the primary cause of a lack of self-control.

In the same way, disorderly behaviour must be given its natural and ordinary meaning. It might include things like yelling, fighting, and threatening conduct, among other things. It has to happen while you’re drunk. The prosecution does not have to show that you were attempting to provoke a commotion on purpose.

Again, under the law, the term “public space” has no precise or definite legal meaning. It simply refers to any location where the general public has access, whether or not a fee is charged. The sort of public space might be an important consideration in the phrase.

The crime is most commonly committed at pubs and nightclubs. The bouncers could call the cops in any such instance. The police may also arrest you based on their own observations. Unless there are exceptional circumstances, you will typically be issued a fixed penalty (£90) that can be paid within 21 days. Alternatively, you can go to court and dispute the accusation.

The majority of defences are factual – that is, you can show that there is a reasonable doubt as to whether you were acting in a disruptive manner or if you were drunk. (There would be very few instances where being in a public area would be a problem.) The magistrates’ courts, on the other hand, are not recognised for being receptive to defendants’ explanations. They are more likely to believe a police officer’s testimony than a defendant’s.

A fine of up to £1000 can be imposed if you are found guilty of being drunk and disorderly in a magistrates’ court. The amount of the fine is primarily determined on how drunk and disorderly you were. On the one hand, yelling or making a minor commotion is on the lowest end of the scale. You may only obtain a conditional discharge if you do not have a prior criminal record, there are mitigating circumstances, and you are well-represented. If you do not, you might face a fine of up to 50% of your weekly salary. On the other hand, producing a significant discharge might result in a fine of 100% of your weekly salary.

On the other hand, causing a significant discharge might result in a fine of 100% of your weekly salary. If aggravating circumstances exist, such as causing a disturbance in a public location when young or vulnerable members of the public are present, the fine might be increased to 150 percent of your weekly earnings. The fine is always limited to the £1,000 indicated before. The criminal record that follows may be of more significance.

Many more specific offences exist, such as operating a motor vehicle while inebriated (or being found ‘drunk in charge’) or riding a bicycle while inebriated. Furthermore, the police have the authority (but not the responsibility) to seize any alcohol drank in public by people under the age of 18, and municipal governments have the authority to restrict alcohol use in certain locations.