Overview

Public order law is concerned with preventing disorder and behaviour in public that society finds unacceptable, unreasonable or dangerous. These laws are in place to try and keep public places peaceful and safe for everyone. Public order offences cover behaviour that occurs in a public place which is disruptive to members of the general public.

Public order offences must happen in a public place. These offences include behaviour such as:

• swearing;
• being drunk or using drugs;
• doing graffiti;
• loitering; and
• begging.

The police in each jurisdiction (state or territory) have wide ranging powers and discretion to prosecute public order offences. This means they have different options available to them if they see somebody behaving in an unacceptable, violent or disruptive way in a public place. They may issue you with an on-the-spot fine or direct you to move on. In more serious cases they may charge you.

There is a range of penalties available for public order offences. For less serious offences the police may simply issue you with a fine or give you a move on direction. In these cases you will either need to pay the fine or comply with the move on order. In cases where the police decide to charge you then you will need to go to court. If convicted of the offence at court you could get a fine, a community based order or in some cases a jail sentence.

Public order law is different in each state and territory. While there are often similar offences in each place it is important to remember that behaviour that is unlawful in one place may not be unlawful in another place. You will need to check the relevant legislation (written laws) in your jurisdiction (state or territory) or speak to a lawyer to find out which laws apply where you live.

This Legal Guide on Public Order offences provides you with information about the types of behaviour that are inappropriate or illegal in public. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.

How a Lawyer Can Help

A lawyer can help you to understand your rights if the police have issued you with an on-the-spot fine, given you a move on direction or if they have charged you with a public order offence. They can help you by:

• providing you with legal advice and representation;
• speaking on your behalf;
• negotiating with police;
• representing you in court; or
• making sure the court hears your side of the story.

They can also advise you about police powers in your jurisdiction and whether the police acted within the law. A lawyer can give you advice if you believe the police have done something they should not have done or have acted outside the law. They can advise you about your legal position including whether:

• you have a legal defence to the charge;
• you can make a complaint about the police involved; or
• you can make a claim for compensation for any pain and suffering you have experienced.

A lawyer from your jurisdiction is the best person to provide you with legal advice about how the law applies to your situation.