Public Order Offences – WA
Under section 74A of the Criminal Code Act Compilation Act 1913 (WA), it is an offence to behave in a disorderly manner in a public place, in the sight or hearing of any person in a public place, or inside a police station or lock-up. Despite being a relatively minor charge, a conviction will appear as a disclosable court outcome on a criminal history check and should not be taken lightly.
What Constitutes Disorderly Behaviour?
The Act defines disorderly behaviour as using insulting, threatening or offensive language, or behaving in an insulting, threatening or offensive manner. The definition is deliberately broad, and what constitutes disorderly behaviour is assessed objectively based on the circumstances — including the location, time, and the likely effect of the conduct on those present.
What the Prosecution Must Prove
To secure a conviction, the prosecution must prove beyond reasonable doubt that the accused behaved in a disorderly manner as defined by the Act, and that the behaviour occurred in a public place, within the sight or hearing of a person in a public place, or inside a police station or lock-up. The prosecution may rely on police officer evidence, civilian witness statements, and CCTV footage where available.
Arrest Without Warrant
Section 74A gives police and members of the public the power to arrest a person without a warrant if they are committing, or are reasonably suspected of committing, an act of disorderly behaviour in public. This means a person can be arrested on the spot without police needing to obtain prior authorisation from a court.
Penalty
The maximum penalty for disorderly behaviour in public under s.74A is a fine of $6,000. While imprisonment is not available for this offence, courts also have the discretion to impose community service orders depending on the circumstances and the offender’s history.
Possible Defences
Defences that may be available include identification — disputing that the accused was the person who engaged in the conduct — as well as duress, where the accused was coerced into the behaviour, and mental impairment, where a recognised condition affected the accused’s capacity to understand that their conduct was wrong. A genuine and reasonable belief that the conduct was not disorderly may also be raised.
Which Court Hears the Matter
Disorderly behaviour in public is a simple offence heard in the Magistrates’ Court of Western Australia.