Law With Alex

Many people assume that being drunk in public is not a crime unless you’re causing harm. But under Section 91 of the Criminal Justice Act 1967, it is an offence to be “drunk and disorderly in a public place.”

A famous case that demonstrates how far this law can go is Winzar v Chief Constable of Kent—a case where a man was convicted for being drunk in public… even though he was put there by the police.

Case Facts:
Winzar was taken to hospital after being found heavily intoxicated.
After examining him, the hospital staff determined that he was not in need of medical treatment.
Police officers were called to remove him from the premises.
The officers physically carried him outside onto a public road and then immediately arrested him for being “drunk in a public place.”

Legal Issue:
Winzar had not voluntarily entered the public place—he was removed there by the police.
Could he really be convicted for an offence that required public drunkenness, even though he had been placed in public against his will?

Court’s Decision:
The High Court upheld the conviction, ruling that:
It did not matter how Winzar got there—the fact that he was drunk in a public place was enough to justify an arrest.
This was an offence of strict liability, meaning intent was irrelevant—he could still be convicted even though he was forcibly placed in public.

Practical Implications: Who Does This Law Affect?
Many people may have unknowingly been in situations where this law could apply. Consider these examples:
Person A: Has had a few drinks, is walking home quietly, and does not interact with others → Unlikely to be arrested.
Person B: Is loudly shouting in the street, arguing with others, or disturbing the public → Could be arrested under Section 91.
Person C: Is taken out of a bar by security, left on a public road, and arrested minutes later → Winzar’s case suggests they could still be convicted.

This case raises serious concerns about police discretion and whether individuals should be criminally liable for situations they didn’t create.

Is This Law Too Harsh?

Winzar highlights important legal and ethical questions:
Should someone be convicted for an offence they had no control over? Winzar did not voluntarily enter the public place—does this make the law unfair?
Does this law give too much power to the police? If officers can place someone in public and immediately arrest them, should there be greater safeguards?
Should “drunk and disorderly” be a strict liability offence? Or should courts be required to consider intent before convicting someone?

What do you think? Should someone be convicted for being drunk in public if they were placed there against their will? Should police have less discretion in these cases? Let’s discuss.

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