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I have received an on-the-spot fine for riotous behaviour but I was not involved in a riot. What should I do?

I was out with my friend on the weekend. We both got a bit drunk and started mucking around on the street after we left the pub. My mate and I got into a bit of a punch-up. It was not anything serious. The police came over and gave us on-the-spot fines for ‘riotous’ behaviour. I thought a riot involved a lot of people. We were definitely not involved in a riot. Is this fine correct?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 30-11-2015
1 Lawyer Answered
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  1. Public Order
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Pearl Beaumont, Penrith 2570 NSW

  • There are some locations where it is an offence to be drunk and behave in a ‘riotous or disorderly’ way in a public place.
  • For this offence the word ‘riotous’ is used to describe your behaviour. It means you were behaving in a disruptive, violent or unruly way. In this case the word ‘riotous’ does not mean you were involved in a riot.
  • All states and territories also have a separate criminal offence of riot. This is a very serious crime that is usually dealt with in a higher court such as a district or county court. The police could not issue you with an on-the-spot fine for a riot offence.
  • The rules vary in each state and territory and you should speak to a lawyer in your area if you are unsure or have any questions about the fine or charge. 

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