Day 10: More Than Just a Mulled Wine Headache: How to Effectively Respond if You Are Charged With a Drunk & Disorderly Offence

Due to the numerous festivities involving alcohol during the Christmas and New Year period, drunk and disorderly convictions drastically peak during December.

You can be convicted of a drunk and disorderly offence if you take part in disruptive antisocial behaviour in public whilst under the influence of alcohol. The police can arrest you if they deem you to be creating a drunken public disturbance, which they can determine at their own discretion. Often, they may deem it necessary to arrest you to ensure your own safety and that of those around you.

Do I Need a Lawyer if I am Accused of a Drunk & Disorderly Offence?

Drunk and disorderly behaviour is one of the more minor public order offences that comes under the Public Order Act 1986, however it is still a criminal offence which can result in a range of various punishments, so it is highly recommended that you seek legal advice from a criminal solicitor (LINK TO CRIME PG). Although a person cannot be sent to prison if found guilty of this offence the consequences of a prosecution can still cause enormous amounts of stress, result in criminal conviction and impact on a person’s current and future prospects if found guilty.

It is vital that you seek representation immediately, even if you are offered a Fixed Penalty Notice rather than face court action. The time immediately after arrest can be extremely important as evidence can be lost. Call us immediately on 020 3196 7822 to discuss your case with one of our dedicated criminal defence lawyers.

What are the Consequences & Punishments?

Drunk and disorderly behaviour can lead to a variety of punishments. Some of these can be handed down without charging you and taking you to court. These include:

An official caution:

• You have to admit an offence and agree to be cautioned. You can be arrested and charged if you don’t agree.
• A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.
• Cautions can show on standard and enhanced Disclosure and Barring Service (DBS) checks.

An on-the-spot fine (fixed penalty notice):

• You can only get a penalty notice if you’re 18 or over.
• You’ll be asked to sign the penalty notice ticket. You won’t get a criminal conviction if you pay the penalty.
• You can ask for a trial if you disagree with the penalty notice. You’ll get a bigger fine if you don’t ask for a trial but don’t pay the fine.
• If you are taken to court, it’s possible that you could be prosecuted for a number of other, more serious punishments. These include one or more of…

1. A conditional discharge
2. A maximum fine of £1,000
3. An ASBO (Anti-social behaviour order)
4. A DBO (Drinking banning order)

What Is An ASBO?

Anyone over the age of 10 years old can receive an ASBO if their behaviour (not only drunken behaviour) is deemed to be anti-social. By receiving an ASBO, you will be restricted from doing certain things, such as:

• Going to certain places e.g. local town centre
• Drinking in the street
• Spending time with people who are known to be troublesome
• An ASBO lasts for a minimum of 2 years and can be for an indefinite period of time, but can be lifted if you display good behaviour. If you fail to obey the terms of your ASBO and/or continue to display drunk and disorderly behaviour, you will be taken to court and sentenced.

Punishments include one or both of the following:

• A maximum fine of £5,000
• Imprisonment for up to 5 years

What Is A DBO?

A DBO can be handed down if you break the law or cause problems whilst under the influence of alcohol. Unlike an ASBO, you can only receive one if you are 16 years of age or older. For instance, reasons for receiving this banning order include:

• Antisocial behaviour
• Vandalism
• Threatening behaviour
• Public urination

When you receive a DBO, you will be banned from doing certain things. Examples include:

• Buying alcohol
• Consuming or possessing alcohol in a public place
• Entering certain establishments that serve alcohol

A DBO can last between 2 months and 2 years. Some people are offered a health and drinking awareness course, which can shorten the length of your DBO. This course is not mandatory, but you will have to pay for it yourself should you decide to take it.

Breaching the terms of your DBO is a criminal offence and will see you taken to court and sentenced. If you are found to be guilty, you could receive a maximum fine of £2,500.

Do not hesitate to speak to a member of our dedicated criminal team if you or someone you know is charged with a drunk and disorderly offence. Via email on enquiries@garricklaw.com or call us 020 3196 7822