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Drunk and disorderly in a public place

s.91 Criminal Justice Act 1967 · Magistrates

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Sentencing framework

The guideline for sentencing in cases of being drunk and disorderly in a public place is structured around assessing the gravity of the offence and any surrounding circumstances. The maximum penalty is a Level 3 fine of up to £1,000, with a starting point set at a Band A fine. The range of sentencing varies from a conditional discharge to a Band C fine, depending on the specifics of the offence and relevant aggravating or mitigating factors.

Maximum sentence

Level 3 fine (£1,000)

Court

Magistrates

Starting point

Band A fine

Offence range

Conditional discharge – Band C fine

Aggravating factors

  • ·Previous convictions
  • ·Offence committed while on bail
  • ·Offence motivated by hostility based on characteristics of the victim (e.g., race, religion)
  • ·Substantial disturbance caused
  • ·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 against those working in the public sector
  • ·Presence of others including children or vulnerable people

Mitigating factors

  • ·Minimal disturbance caused
  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Age and/or lack of maturity
  • ·Mental disorder or learning disability
  • ·Difficult and/or deprived background or personal circumstances
  • ·Prospects of or in work, training or education

The sentencing process, step by step

  1. Step 1 — Determine the appropriate level of fine based on the seriousness of the offense.
  2. Step 2 — Consider adjustments for aggravating or mitigating factors based on specific circumstances.
  3. Step 3 — Consider any factors which indicate a reduction for assistance to the prosecution.
  4. Step 4 — Address potential reductions for a guilty plea.
  5. Step 5 — Ensure the total sentence is just and proportionate for overall offending behavior.
  6. Step 6 — Consider compensation and ancillary orders if applicable.

Guideline notes

  • This guideline mainly addresses fines for the offence without specific culpability or harm categories.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.