I have been found guilty of a public order offence. Will I go to jail?

• It depends on what you have been charged with and all the circumstances of your case.
• If you have been found guilty of a public order offence then the court will need to sentence you. This is when the court makes an order imposing a penalty on you for committing a crime.
• Sentencing is a complex process where the court takes into account:
  • the nature and circumstances of your offence;
  • whether there are other charges from the same incident;
  • your criminal record;
  • general sentencing principles; and
  • any other relevant factors.
• A lawyer can help you look up the section of the law you have been charged with. This will tell you the minimum and maximum penalties available for that type of offence and give you an idea of what options are available to the court. Our free Find a Lawyer directory may help you find an experienced criminal lawyer near you.
• There are a number of less serious public order offences where you are likely to receive a fine such as public drunkenness or using offensive language.
• For more serious public order offences the full range of sentencing options will be available. You may be sentenced to:
  • a fine;
  • a community based order with special conditions such as attending an:
    • anger management program; or
    • alcohol education program.
  • a community based order with unpaid community work; or
  • a jail order.