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What is disorderly conduct?

I was having an argument on Saturday night with my brother. We were standing outside a pub. The police took our names and said we might be charged with disorderly conduct. We were just talking in loud voices. I do not think we were being disorderly.
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 Jo Wilson, Macleod 3085 VIC

  • Disorderly conduct covers a wide range of behaviour. In some states and territories the law may give examples of the type of behaviour that is disorderly.
  • Generally any behaviour in public that might make other members of the public feel unsafe, intimidated or threatened is disorderly. This includes:
    • yelling and swearing;
    • making threats; or
    • fighting.
  • The police have a broad discretion (choice) about what they think is disorderly conduct. They will use this discretion when they decide whether or not to charge you.
  • If you disagree with the charge then it will be up to the court to decide if what you did was disorderly or not.

 

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