About Disorderly Behaviour In Public
Learn more about disorderly behaviour charges in WA.
When you're ready make a quick enquiry.
- Our Process
- The Law
- Possible Defences
- Possible Outcomes
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged offence in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with disorderly behaviour charge experience
Meet with lawyers who have successfully represented clients in the same position.
- Past Cases
- Good Results
- Happy Clients
Disorderly Behaviour In Public
Criminal code offence
Section 74 A
“A person who behaves in a disorderly manner in a public place or in the sight or hearing of any person who is in a public place; or in a police station or lock up, is guilty of an offence.”
Elements of the offence
- ‘A person’ - Means an individual
- ‘Behave in a disorderly manner’ - Includes using insulting, offensive, or threatening language. It also includes behaving in an insulting, offensive, or threatening manner.
- ‘Public Place’ - Means a place to which the public, or any section of the public has or is permitted to have access, whether on payment or otherwise. It also includes a privately owned place to which the public has access with the express or implied approval of, or implied approval of, or without interference from, the owner, occupier, or person who has the control or management of the place. Finally, it also includes a school, university, or other place of education, other than a part of it to which neither students nor the public usually have access.
- ‘Police station or lock-up’ - Includes any police station or police lock-up facility in Western Australia.
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the WA Police Prosecutions Team.
- This type of offence is called a simple offence. This means that it is an offence that is dealt with by a Magistrate in the Magistrates Court.
- They must prove that you are the person who has behaved in a disorderly manner in a public place, police station, or lock-up.
- They must prove that your behaviour itself was disorderly and that you behaved in a disorderly manner.
- They must prove that the disorderly behaviour happened in a public place, police station, or lock-up.
How they might prove this
- The Prosecution may rely upon witness statements from witnesses, Investigating Officers, Police Officers, civilian witnesses and the complainant.
- DNA or forensic data such as fingerprints may be used depending on the circumstances.
- CCTV footage is used where is it available to the Police.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with disorderly behaviour charge experience
Meet with lawyers who have successfully represented clients in the same position.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Accident
A person is not criminally responsible for an event which occurs by accident. For example, if it is alleged that someone acts disorderly by falling over, but the act was an accident, it may be defensible at Trial.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with disorderly behaviour charge experience
Meet with lawyers who have successfully represented clients in the same position.
- Past Cases
- Good Results
- Happy Clients
What’s taken into account if you’re found guilty...
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of disorderly behaviour in public.
A person who is found guilty of this crime is liable to a fine of $6,000.00.
Where a person who has the control or management of a place where food and refreshments are sold or consumed by the public, and who also permits a person to behave in a disorderly manner in that place, may be charged and incur a fine of up to $4,000.00.
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with disorderly behaviour charge experience
Meet with lawyers who have successfully represented clients in the same position.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged offence in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with disorderly behaviour charge experience
Meet with lawyers who have successfully represented clients in the same position.
- Past Cases
- Good Results
- Happy Clients
The Law
Disorderly Behaviour In Public
Criminal code offence
Section 74 A
“A person who behaves in a disorderly manner in a public place or in the sight or hearing of any person who is in a public place; or in a police station or lock up, is guilty of an offence.”
Elements of the offence
- ‘A person’ - Means an individual
- ‘Behave in a disorderly manner’ - Includes using insulting, offensive, or threatening language. It also includes behaving in an insulting, offensive, or threatening manner.
- ‘Public Place’ - Means a place to which the public, or any section of the public has or is permitted to have access, whether on payment or otherwise. It also includes a privately owned place to which the public has access with the express or implied approval of, or implied approval of, or without interference from, the owner, occupier, or person who has the control or management of the place. Finally, it also includes a school, university, or other place of education, other than a part of it to which neither students nor the public usually have access.
- ‘Police station or lock-up’ - Includes any police station or police lock-up facility in Western Australia.
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the WA Police Prosecutions Team.
- This type of offence is called a simple offence. This means that it is an offence that is dealt with by a Magistrate in the Magistrates Court.
- They must prove that you are the person who has behaved in a disorderly manner in a public place, police station, or lock-up.
- They must prove that your behaviour itself was disorderly and that you behaved in a disorderly manner.
- They must prove that the disorderly behaviour happened in a public place, police station, or lock-up.
How they might prove this
- The Prosecution may rely upon witness statements from witnesses, Investigating Officers, Police Officers, civilian witnesses and the complainant.
- DNA or forensic data such as fingerprints may be used depending on the circumstances.
- CCTV footage is used where is it available to the Police.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with disorderly behaviour charge experience
Meet with lawyers who have successfully represented clients in the same position.
- Past Cases
- Good Results
- Happy Clients
Possible Defences
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Accident
A person is not criminally responsible for an event which occurs by accident. For example, if it is alleged that someone acts disorderly by falling over, but the act was an accident, it may be defensible at Trial.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with disorderly behaviour charge experience
Meet with lawyers who have successfully represented clients in the same position.
- Past Cases
- Good Results
- Happy Clients
Possible Outcomes
What’s taken into account if you’re found guilty...
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of disorderly behaviour in public.
A person who is found guilty of this crime is liable to a fine of $6,000.00.
Where a person who has the control or management of a place where food and refreshments are sold or consumed by the public, and who also permits a person to behave in a disorderly manner in that place, may be charged and incur a fine of up to $4,000.00.
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with disorderly behaviour charge experience
Meet with lawyers who have successfully represented clients in the same position.
- Past Cases
- Good Results
- Happy Clients
