Speak to a Perth Criminal Lawyer. Call 1300 331 331

Disorderly Behaviour in Public (Disorderly Conduct)

Public Order Offences – WA

Welcome to the WA Disorderly Behaviour in Public (Disorderly Conduct) article page. Everything you need to know about Disorderly Behaviour in Public (Disorderly Conduct) according to WA Law.

What the Law states according to WA Law for Disorderly Behaviour in Public (Disorderly Conduct)

According to WA Law for the charge of Disorderly Behaviour in Public (Disorderly Conduct):

Section 74A: 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 who behaves in a disorderly manner in a police station or lock-up, is guilty of an offence.

“Disorderly Behaviour” includes:

(1) Using insulting, threatening or offensive language; and
(2) Behaving in an insulting, threatening or offensive manner.

It is lawful for a person, without a warrant, to arrest any person who is, or who the person reasonably suspects, is in the course of committing an offence of disorderly behaviour in public.

The Maximum Penalty – Disorderly Behaviour in Public (Disorderly Conduct)

According to WA Law for the charge of Disorderly Behaviour in Public (Disorderly Conduct):

The maximum penalty is a fine of $6,000.

What the Police must prove according to WA Law for Disorderly Behaviour in Public (Disorderly Conduct)

(1) That the person was behaving in a disorderly manner;
(2) That the behaviour was in public or in the sight or hearing of people who are in public; or
(3) That the disorderly behaviour was in a police station or lock-up.

Possible Defences under WA Law – Disorderly Behaviour in Public (Disorderly Conduct)

(a) Identification (ie. the accused is not the person who behaved in a disorderly manner);
(b) Insanity; and
(c) Duress.

In WA which court will hear the matter – Disorderly Behaviour in Public (Disorderly Conduct)

The matter would be heard in the Magistrate’s Court.

Get Quick Legal Advice

Your Name (required)

Your Email (required)

Your Phone Number (required)

Your State (required)

Subject

Your Message

Check if you're not a robot: