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| Dec 4 2008, 5:33 PM EST (current) | YouthLaw | 33 words added |
| Nov 23 2008, 10:43 PM EST | YouthLaw | 2 words added, 4 words deleted |
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The Law
What is the difference between disorderly behaviour and offensive behaviour and language?
Under 17
Is your behaviour disorderly or offensive?
The examples of disorderly and offensive behaviour include the following cases:
The law
Our criminal law for the most part defines quite clearly what behaviour is criminal. 'Disorderly behaviour' and 'offensive behaviour' are different from most other criminal charges because the criminal element is not carefully defined.
These are catch-all offences that can cover a wide variety of behaviours that the Police or members of the public find unacceptable. The Police often use these charges to arrest people who have not committed any other offence. It is only if you are in the street or some other public place or in view or hearing of any public place that you can commit these offences.
Because young people usually do not own homes or cars they are more likely to be with their mates in a public place and more likely to be picked up for these offences.
What is the difference between disorderly behaviour and offensive behaviour and language?
Disorderly Behaviour
To be convicted of disorderly behaviour you must have behaved or encouraged someone else to behave in a "riotous, offensive, threatening, insulting or disorderly manner that is likely in the circumstances to cause violence against persons or property to start or continue". [1]
If convicted of disorderly behaviour and you are 17 or over you could face a fine of up to $2000 or a prison sentence of 3 months or less.
Offensive Behaviour
By comparison it is offensive behaviour or language if a person:
If convicted of offensive behaviour or language you could face a fine of up to $1000 (or up to $500 for using indecent or obscene words). This means that to be convicted of disorderly behaviour there must be a likelihood that violence against people or property will start or continue.
The lesser charge of offensive behaviour or language is usually used by the police if there is not violence or likelihood of violence.
If you are charged with disorderly behaviour or offensive behaviour or language the case will be dealt with by the District Court. The Judge will look at various factors to decide whether your behaviour was offensive or disorderly.
Just because you are picked up for disorderly or offensive behaviour the police might not actually charge you.
You could be cautioned or you could be put on a 'diversion' scheme if it is your first offence.
See our information sheets on 'Diversion - an alternative to conviction for first offenders’ and 'District Court’ for more information.
[1] s3 Summary Offences Act 1981
[2] s4 Summary Offences Act 1981
Under 17
If you are under 17 you will usually be dealt with by the Youth Court.
This will usually involve you going to a Family Group Conference (FGC). An FGC is a meeting of all the people who are involved in your life including any victims of your offending, to discuss your offending. Everyone present must agree with the FGC decision.
If they don't your case will probably go back to the Youth Court to decide what should be done about the offence. The case may also go to the Youth Court if you deny offending, as a hearing will need to take place to determine whether or not you are guilty.
Is your behaviour disorderly or offensive?
The following factors will be looked at in deciding whether your behaviour is disorderly or offensive:
The examples of disorderly and offensive behaviour include the following cases:
Now, lets find out what happened to characters in the examples we saw earlier!
What is the difference between disorderly behaviour and offensive behaviour and language?
Under 17
Is your behaviour disorderly or offensive?
The examples of disorderly and offensive behaviour include the following cases:
The law
Our criminal law for the most part defines quite clearly what behaviour is criminal. 'Disorderly behaviour' and 'offensive behaviour' are different from most other criminal charges because the criminal element is not carefully defined.
These are catch-all offences that can cover a wide variety of behaviours that the Police or members of the public find unacceptable. The Police often use these charges to arrest people who have not committed any other offence. It is only if you are in the street or some other public place or in view or hearing of any public place that you can commit these offences.
Because young people usually do not own homes or cars they are more likely to be with their mates in a public place and more likely to be picked up for these offences.
What is the difference between disorderly behaviour and offensive behaviour and language?
Disorderly Behaviour
To be convicted of disorderly behaviour you must have behaved or encouraged someone else to behave in a "riotous, offensive, threatening, insulting or disorderly manner that is likely in the circumstances to cause violence against persons or property to start or continue". [1]
If convicted of disorderly behaviour and you are 17 or over you could face a fine of up to $2000 or a prison sentence of 3 months or less.
Offensive Behaviour
By comparison it is offensive behaviour or language if a person:
- In or within the view of any public space “behaves in an offensive or disorderly manner”; or
- In any public place “addresses any words to any person intending to threaten, alarm insult or offend that person”; or
- In or within hearing of a public place “uses any threatening or insulting words and is reckless whether any person is alarmed or insulted by those words; or
- addresses any indecent or obscene words to any person”. [2]
If convicted of offensive behaviour or language you could face a fine of up to $1000 (or up to $500 for using indecent or obscene words). This means that to be convicted of disorderly behaviour there must be a likelihood that violence against people or property will start or continue.
The lesser charge of offensive behaviour or language is usually used by the police if there is not violence or likelihood of violence.
If you are charged with disorderly behaviour or offensive behaviour or language the case will be dealt with by the District Court. The Judge will look at various factors to decide whether your behaviour was offensive or disorderly.
Just because you are picked up for disorderly or offensive behaviour the police might not actually charge you.
You could be cautioned or you could be put on a 'diversion' scheme if it is your first offence.
See our information sheets on 'Diversion - an alternative to conviction for first offenders’ and 'District Court’ for more information.
[1] s3 Summary Offences Act 1981
[2] s4 Summary Offences Act 1981
Under 17
If you are under 17 you will usually be dealt with by the Youth Court.
This will usually involve you going to a Family Group Conference (FGC). An FGC is a meeting of all the people who are involved in your life including any victims of your offending, to discuss your offending. Everyone present must agree with the FGC decision.
If they don't your case will probably go back to the Youth Court to decide what should be done about the offence. The case may also go to the Youth Court if you deny offending, as a hearing will need to take place to determine whether or not you are guilty.
Is your behaviour disorderly or offensive?
The following factors will be looked at in deciding whether your behaviour is disorderly or offensive:
- The type of person affected by the behaviour is relevant. The Police are expected to be able to take a certain amount of good-natured teasing but that does not mean you can do or say anything to a Police officer.
- To be offensive, behaviour must arouse outrage, anger, resentment or disgust in the mind of the reasonable person of the type who observes or who is affected. For behaviour to be disorderly the test is whether it annoys or insults sufficiently deeply. It must be something more than "unmannerly or disturbing". Current community standards will be considered.
- The conduct will be judged in the light of the time, place and circumstances in which it occurred.
- The behaviour must interfere with the rights of others - these need not be defined legal rights - they may be a right to go about one's everyday affairs free from unreasonable interference.
- In the end it is the Judge who decides whether behaviour, is just silly, annoying or inconvenient or whether it merits the intervention of the criminal law. Judges are human beings and, with vaguely defined charges like offensive or disorderly behaviour, different judges might have different views.
The examples of disorderly and offensive behaviour include the following cases:
- Kinney v. Police [1971] 1 NZLR 924;
- Ceramalus v. Police (1991) 7 CRNZ 678;
- O'Brien v. Police [1992] BCL 2317;
- Borlase v. Police Hardie Boys J, HC Christchurch, M 254/85;
- Hakiwai v. Police HC- Hamilton, AP 45/ 88;
- Wilde v. Police [1984] 2 NZLR 67.
Now, lets find out what happened to characters in the examples we saw earlier!
