There are several offences or types of offences that be grouped under the heading Public Order Offences. As the term suggests, these are offences that deal with keeping the good order of the community. The offences are not typically serious in nature, however, most of them do still carry a term of imprisonment as a possible penalty.
Public order offences include:
The laws about behaviour in public relate to things like:
- making graffiti
- behaving in a way that causes offence to other people, like racial vilification, swearing and using obscene language or exposing your genitals
- some protests and demonstrations
- taking inappropriate photos of someone without their knowledge (‘upskirting’)
- lighting fireworks or setting off fireworks without a permit
- spitting at someone
- disorderly conduct in a public place
- being told to stay away from a public place by the police (see moving on from a public place)
- littering
- begging.
Most of the offences that are known as public order offences are listed under Victoria’s Summary Offences Act 1966.
The definition of “public place” is found in section 3 of the Summary Offences Act and encompasses a broad range of areas accessible to the general public. It includes not only traditional public spaces such as roads, footpaths, and parks but also extends to places accessible to the public, whether by payment or other means, and whether or not dedicated to public use. This definition covers a wide array of locations, including shopping centres, public transport facilities, recreational areas, and other similar venues where people gather or have access. The key criterion is that the public can access these places, either as a right or with permission, making them subject to the laws governing public behaviour and conduct.
If you have been charged with a public order offence our lawyers can provide legal advice and representation to assist you.
