Public Order Offences

In NSW "public order offences" are generally taken to mean offences that relate to a person's conduct in public or other places.

Within the range of all criminal offences, "public order offences" are at the less serious end of the scale, and includes offences such as,

  • Offensive behaviour
  • Dangerous behaviour
  • Loitering by a convicted child sexual offender
  • Intimidatory use of vehicles and vessels
  • Prostitution

The Summary Offences Act 1988 (NSW) has a range of offences of this type, and as the title of the legislation suggests are dealt with in the Local Courts before a magistrate in a summary way (cross-reference Summary hearings).  The Act also gives police a range of powers including the power to give directions for the protection of the public in public places and schools.

Although offences of this nature are on the lower end of the scale of criminality, they are still criminal offences and should be treated seriously if you have been charged with such an offence.  A criminal record can have far reaching consequences for future employment or travel plans.

Another significant feature about a "public order offences" is that they can rely on a police officer's perception of a person's behaviour constituting an offence under the Act.  It may well be that the police officer's perception was wrong, and if so then the charge cannot be established.  If you are charged with a "public order offence" it would be prudent to speak to lawyer who can advise you of your options.

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Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email