Public order offences deal primarily (but not exclusively) with regulating people’s behaviour in a public place. Most of these offences are dealt with under the Summary Offences Act and these are the less serious offences.

Public Place

The definition of “public place” is found in section 3 of the Summary Offences Act and it is defined as a place or a part of premises that is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include a school. The definition is therefore very broad and does not exclude private premises.

Below are some of the more common offences that people are charged with.

Offensive Language

A person must not use offensive language in, near, or within hearing of, a public place or a school. The maximum penalty for this offence is a $660 fine. The Court, where it thinks fit, may instead impose a community service order.

There are defences to this offence, such as having a reasonable excuse. Further, depending on the circumstances, what might be considered offensive language for some will not necessarily constitute offensive language in Court. Our experienced criminal lawyers can advise you as to whether or not it is likely that you have a defence to the charge.

Offensive Conduct

A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school. The maximum penalty for this offence is a $660 fine or 3 months imprisonment. Reasonable excuse is a defence to this charge.

There must be some form of intention to offend and the law also requires that to be offensive, the conduct would in some way offend a reasonable person.

Police direction to move on

Pursuant to the Law Enforcement (Powers and Responsibilities) Act a police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that a person’s behaviour or presence:

– is obstructing people or traffic
– constitutes harassment or intimidation
– is causing or likely to cause fear to another person or persons
– is for the purpose of supplying or purchasing a prohibited drug

The direction that is often given by police officers under this power is to “move on”. The maximum penalty for disobeying this order is $220.

Although the power itself seems basic, a police officer must still exercise this power in accordance with certain procedure and cannot arrest someone and charge them with the offence unless the police officer has complied with police procedure. A criminal solicitors can advise you if the police may not have followed proper police procedure.

Possession of a knife in a public place

It is an offence to have possession of a knife in a public place or school without reasonable excuse. If you are in possession of a knife and have a reasonable excuse, it is for you to prove in Court. Even having a knife in your car can be enough to be charged with the offence.

The maximum penalty for a first offence of this kind is $550. For a second offence it is $1,100 and/or 12 months imprisonment. For someone who has been dealt with twice previously (ie, for a third or subsequent offence), the maximum penalty is a fine $2,200 and/or imprisonment for 2 years.

A criminal defence lawyers can assist you in determining whether you have a defence if you are charged with possession of a knife in a public place.

Willful and Obscene Exposure

Willful and obscene exposure in or within view of a public place or school is an offence and the maximum penalty is a $1,100 fine or 6 months imprisonment.

There must be an intention to expose oneself and the exposure must be obscene. This would depend on the circumstances. Our criminal solicitors can assist you on such a charge in determining whether a charge is defendable.

Author Bio: Solicitor Emmanuel Apokis has many years experience in Criminal Law working with the experienced Sydney Criminal Lawyers at Prime Law.

Category: Legal
Keywords: