A public place is a common area open to or usable by the public (either at no cost or for a fee). For example, a shop, train, bus station, or parking facility. When in public, the expectation is that you behave correctly.
Some laws govern your entitlements, restrictions and behaviour in a public place so that your actions do not affect other members of society. A typical example of public nuisance is a noisy argument involving obscene language in a street or park.
If you’re charged with a public nuisance offence, you should contact one of Brisbane’s Criminal Law Firms and speak to someone with the appropriate legal expertise.
Unlawful Behaviour in a Public Place
There is specific behaviour that is punishable by law if done in public.
The following actions are unlawful if committed in a public place:
- Being a public nuisance – This involves any activity that is insulting, disorderly, intimidating, or aggressive, or if your behaviour affects someone else’s movement or peaceful enjoyment of a public place.
- Urinating in a public place (apart from public toilets).
- Begging for money or products in a public place (this doesn’t include people authorised to request donations for charity or lawful buskers)
- Displaying your genitals in public or from an area where your genitals are visible to the public.
- Public Intoxication.
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The police can issue an on-the-spot fine for public nuisance misconduct. Although no conviction is recorded for these fines, the police will keep a record of it, which is admissible in court if needed at a future court date.
Alternatively, police may arrest you and have you charged with public nuisance, and you will be required to attend Court. In some instances, there are more severe sanctions for committing these kinds of offences in or around a licensed property.
If you are charged with any of these offences, it is advisable to obtain legal advice.
A Request To Vacate a Public Place
A police officer could ask you to vacate a public place or a regulated vicinity and not return until a reasonable time has passed (not exceeding 24 hours).
They can do this if they reasonably believe the following:
- Your presence or actions make people anxious (and that anxiety is appropriate given the circumstances).
- Your presence or actions disturb trade or business, preventing people from accessing or vacating a place.
- Your presence or actions disturb people at an event occurring in a particular place.
- Your behaviour is chaotic, indecent, insulting or threatening to a third party.
The police officer has to give you a reason for making you vacate a place. If a police officer requests that you leave, you must obey. If you fail to do so, you may be acting unlawfully in dismissing an instruction or requirement of the authorities.
Conclusion
Acting unlawfully in a public place is a serious offence with significant penalties. If you have been charged with an offence of this nature, you should contact one of Brisbane’s Criminal Law Firms.