Disorderly & Offensive - The AnswersThis is a featured page


Having now looked at the legal principles we can see what happened in the actual cases:

  1. It was not disorderly to ride the horse nor to jump in the fish pond (the judge was unable to tell whether the ducks had been annoyed), but it was disorderly to jump off the ferry and to throw beer cans.

  2. Owen who gave a fingers sign to the Police and Simon, the nude sun-bather were found not guilty.

  3. But Debbie the disgusted diner and Jim the rugby player were convicted.

The Police often use the Summary Offences Act to charge young people with an offence for behaviour which is just fooling around, showing off, skylarking, high spirited, rebellious or non-conformist.

But a Judge has said: “Section 4 should not be allowed to scoop up all sorts of minor troubles. It is not designed to enable the police to discipline every irregular, inconvenient or exhibitionist activity or to put a criminal sanction on over-exuberant behaviour".
The main purpose of the offence is to prevent violence and disorder.


YOU CAN STILL ENJOY YOURSELF IN PUBLIC AND HAVE FUN.

JUST REMEMBER THAT OTHER PEOPLE HAVE A RIGHT TO GET ON WITH THEIR LIVES WITHOUT BEING SERIOUSLY DISTURBED OR OFFENDED.

YOU CAN BE ARRESTED IF YOUR BEHAVIOUR IS SERIOUSLY OFFENDING OR DISTURBING OTHER PEOPLE.



It is impossible to say exactly what will be considered disorderly or offensive but here are some guidelines:

  • Think about the people around you - for example older people or young children may be more likely to be offended or distressed.

  • Think about where you are - better behaviour would be expected at a Royal garden party or an Anzac Day service than at a fairground or a rock concert. If you are in a public place with lots of people the Police are more likely to use their powers to keep the situation in control.

  • Think about what time of day it is - the later at night the more likely you are going to disturb someone if you make lot of noise.

  • If someone complains of your behaviour do not abuse or ridicule them- just say that you are sorry that you have upset them and move quietly away.

  • If the Police speak to you do not be smart, swear at them or mock them try to be calm and polite.



YouthLaw
YouthLaw 		Latest page update: made by YouthLaw , Oct 28 2008, 5:30 PM EDT (about this update About This Update YouthLaw Edited by YouthLaw

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