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Public Order Offences

Melbourne Criminal Defence Lawyers

Public Order Offences Defence Lawyers Melbourne

Defence for public order charges across Melbourne and Victoria, including affray, riot, violent disorder, offensive behaviour, drunk and disorderly, hindering or obstructing police, and assaults on police or emergency workers. Lauren Tye provides urgent advice from arrest through to bail, plea or trial.

Free initial consultation. Confidential advice. Available 24/7.

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Charged with a Public Order Offence? Get Legal Advice Early.

Public order offences in Victoria can range from minor infringements to serious charges such as trespass and protest-related offending to obstruction, affray and violent disorder. These cases often depend on identification, group conduct, your role and intent.

It is important to get early advice so you fully understand the nature of the charges you are facing and any possible defences available to you.

Lauren Tye regularly appears in court to defend public order offences. Getting advice and representation early is crucial to obtaining the best outcome. Even in circumstances where there may not be a full defence to your charge, it may be possible to negotiate a lesser charge if your involvement in the conduct was limited.

Matters We Handle

Public Order Charges in Victoria

Lauren Tye defends clients charged with affray, violent disorder, offensive behaviour, offensive language, hindering or resisting police, assaulting emergency workers. Lauren Tye Legal also frequently appear for protesters charged with trespass and protest-related offences.

These cases often turn on identification, group conduct, intent, CCTV, body-worn footage and witness accounts.

Charges of this nature often involve significant negotiations with police, especially where the public order offences caused significant disruption or where the charges relate to a high level of violence causing the apprehension of fear in members of the public.

Primary Matters

Affray and Violent Disorder

Defence for serious public order charges under the Crimes Act 1958, including allegations involving coordinated unlawful violence by a large group or threats of violence. CCTV and witness statements are common forms of evidence in these allegations.

Offensive Behaviour and Language

Representation for offensive behaviour, disorderly conduct, and obscene, indecent, and threatening language and behaviour in Public pursuant to the Summary Offences Act 1966, where context and witness statements are highly probative.

Hinder, Resist or Obstruct Police

Defence for charges alleging interference with police duties, including disputes about what occurred and whether police were acting lawfully.

Assault Police and Emergency Workers

Defence for assault-related charges involving police, emergency workers, custodial officers and youth justice workers, including serious allegations under the Crimes Act 1958.

Trespass, Besetting and Protest Charges

Representation for trespass, besetting, move-on directions and protest-related offences arising in public places, workplaces, licensed venues or private property disputes.

Weapons in Public Places

Defence for controlled weapon, prohibited weapon and dangerous article charges under the Control of Weapons Act 1990, including disputes about lawful excuse and whether the item is covered.

KNOW YOUR PENALTIES

Public Order Penalties in Victoria

Maximum penalties under the Crimes Act 1958 (Vic), Summary Offences Act 1966 (Vic) and Control of Weapons Act 1990 (Vic). Outcomes depend on the seriousness of the conduct, the presence of violence or weapons, the number of people involved and any prior offending.

ChargeLegislationMax PenaltyTypical Court
Core Public Order — Crimes Act 1958 (Vic)
AffrayCrimes Act 1958 (Vic), s 195H5 years; 7 years with face-covering aggravationMagistrates' / County Court
Violent disorderCrimes Act 1958 (Vic), s 195I10 years; 15 years with face-covering aggravationMagistrates' / County Court
Grossly offensive public conductCrimes Act 1958 (Vic), s 195K5 years' imprisonmentMagistrates' / County Court
Common law unlawful assemblyCommon law; penalty via Crimes Act 1958 (Vic), s 3205 years' imprisonmentMagistrates' / County Court
Public-Place & Protest — Summary Offences Act 1966 (Vic)
Good-order offences, including obstructing footpath or roadwaySummary Offences Act 1966 (Vic), s 45 PUMagistrates' Court
Disorderly conduct in a public placeSummary Offences Act 1966 (Vic), s 17A10 PUMagistrates' Court
Obscene, indecent, threatening, abusive or insulting words in or near a public placeSummary Offences Act 1966 (Vic), s 17(1)(c)10–25 PU or 2–6 months, depending on prior offencesMagistrates' Court
Riotous, indecent, offensive or insulting behaviour in or near a public placeSummary Offences Act 1966 (Vic), s 17(1)(d)10–25 PU or 2–6 months, depending on prior offencesMagistrates' Court
Fail to comply with move-on directionSummary Offences Act 1966 (Vic), s 65 PUMagistrates' Court
Fail to comply with direction to remove face covering at public protestSummary Offences Act 1966 (Vic), s 6D5 PUMagistrates' Court
Locking or securing person to person or thing at public protestSummary Offences Act 1966 (Vic), s 6F120 PU or 12 months, or bothMagistrates' Court
Wilful trespass / refusal to leave / related property interferenceSummary Offences Act 1966 (Vic), s 925 PU or 6 monthsMagistrates' Court
Besetting premisesSummary Offences Act 1966 (Vic), s 5215 PU or 3 monthsMagistrates' Court
Religious-Assembly Public Order — Summary Offences Act 1966 (Vic)
Disturbing religious assemblySummary Offences Act 1966 (Vic), s 2115 PU or 3 monthsMagistrates' Court
Assaulting person attending religious assemblySummary Offences Act 1966 (Vic), s 21A15 PU or 3 monthsMagistrates' Court
Intimidating, menacing or harassing persons attending religious assemblySummary Offences Act 1966 (Vic), s 21B15 PU or 3 monthsMagistrates' Court
Hindering or obstructing persons attending religious assemblySummary Offences Act 1966 (Vic), s 21C15 PU or 3 monthsMagistrates' Court
Official-Interference Adjacent
Assault, resist, obstruct, hinder or delay emergency worker, custodial officer, youth justice worker, local authority staff or assisting personSummary Offences Act 1966 (Vic), s 5160 PU or 6 monthsMagistrates' Court
Assault, threaten, resist or intentionally obstruct emergency worker, custodial officer or youth justice custodial worker on dutyCrimes Act 1958 (Vic), s 315 years' imprisonmentMagistrates' / County Court
Violence Adjacent — Crimes Act 1958 (Vic)
Intentionally cause serious injuryCrimes Act 1958 (Vic), s 1620 years' imprisonmentCounty Court
Recklessly cause serious injuryCrimes Act 1958 (Vic), s 1715 years' imprisonmentCounty Court
Intentionally cause injuryCrimes Act 1958 (Vic), s 1810 years' imprisonmentMagistrates' / County Court
Recklessly cause injuryCrimes Act 1958 (Vic), s 185 years' imprisonmentMagistrates' / County Court
Vilification & Hate-Conduct Adjacent
Serious vilification — incitementCrimes Act 1958 (Vic), s 195N3 years' imprisonmentMagistrates' / County Court
Serious vilification — threat of physical harm or property damageCrimes Act 1958 (Vic), s 195O5 years' imprisonmentMagistrates' / County Court
Public display or performance of Nazi symbols or gesturesSummary Offences Act 1966 (Vic), s 41K120 PU or 12 months, or bothMagistrates' Court
Public display of terrorist organisation symbolSummary Offences Act 1966 (Vic), s 41Q120 PU or 12 months, or bothMagistrates' Court
Weapons & Public Safety Adjacent
Possess, carry or use prohibited weaponControl of Weapons Act 1990 (Vic), s 5AA240 PU or 2 yearsMagistrates' Court
Possess, carry or use controlled weapon without lawful excuseControl of Weapons Act 1990 (Vic), s 6120 PU or 12 months; 240 PU or 2 years in licensed-premises-related circumstancesMagistrates' Court
Possess, carry or use dangerous article in public placeControl of Weapons Act 1990 (Vic), s 760 PU or 6 months; 120 PU or 12 months in licensed-premises-related circumstancesMagistrates' Court
Possess, carry or use loaded firearm in public place, or with reckless disregard for safetyFirearms Act 1996 (Vic), s 13010 years' imprisonmentCounty Court
Event & Licensed-Premises Adjacent
Throw lit distress signal or firework in event venue or event areaMajor Events Act 2009 (Vic), s 6440 PUMagistrates' Court
Drunk, violent or quarrelsome person refusing or failing to leave licensed premisesLiquor Control Reform Act 1998 (Vic), s 114(2)50 PUMagistrates' Court
Remaining near, or returning to, licensed premises after being refused entry or directed to leaveLiquor Control Reform Act 1998 (Vic), ss 114(3)–(4)20 PUMagistrates' Court
Core Public Order — Crimes Act 1958 (Vic)

Affray

Legislation

Crimes Act 1958 (Vic), s 195H

Max Penalty

5 years; 7 years with face-covering aggravation

Typical Court

Magistrates' / County Court

Violent disorder

Legislation

Crimes Act 1958 (Vic), s 195I

Max Penalty

10 years; 15 years with face-covering aggravation

Typical Court

Magistrates' / County Court

Grossly offensive public conduct

Legislation

Crimes Act 1958 (Vic), s 195K

Max Penalty

5 years' imprisonment

Typical Court

Magistrates' / County Court

Common law unlawful assembly

Legislation

Common law; penalty via Crimes Act 1958 (Vic), s 320

Max Penalty

5 years' imprisonment

Typical Court

Magistrates' / County Court

Public-Place & Protest — Summary Offences Act 1966 (Vic)

Good-order offences, including obstructing footpath or roadway

Legislation

Summary Offences Act 1966 (Vic), s 4

Max Penalty

5 PU

Typical Court

Magistrates' Court

Disorderly conduct in a public place

Legislation

Summary Offences Act 1966 (Vic), s 17A

Max Penalty

10 PU

Typical Court

Magistrates' Court

Obscene, indecent, threatening, abusive or insulting words in or near a public place

Legislation

Summary Offences Act 1966 (Vic), s 17(1)(c)

Max Penalty

10–25 PU or 2–6 months, depending on prior offences

Typical Court

Magistrates' Court

Riotous, indecent, offensive or insulting behaviour in or near a public place

Legislation

Summary Offences Act 1966 (Vic), s 17(1)(d)

Max Penalty

10–25 PU or 2–6 months, depending on prior offences

Typical Court

Magistrates' Court

Fail to comply with move-on direction

Legislation

Summary Offences Act 1966 (Vic), s 6

Max Penalty

5 PU

Typical Court

Magistrates' Court

Fail to comply with direction to remove face covering at public protest

Legislation

Summary Offences Act 1966 (Vic), s 6D

Max Penalty

5 PU

Typical Court

Magistrates' Court

Locking or securing person to person or thing at public protest

Legislation

Summary Offences Act 1966 (Vic), s 6F

Max Penalty

120 PU or 12 months, or both

Typical Court

Magistrates' Court

Wilful trespass / refusal to leave / related property interference

Legislation

Summary Offences Act 1966 (Vic), s 9

Max Penalty

25 PU or 6 months

Typical Court

Magistrates' Court

Besetting premises

Legislation

Summary Offences Act 1966 (Vic), s 52

Max Penalty

15 PU or 3 months

Typical Court

Magistrates' Court

Religious-Assembly Public Order — Summary Offences Act 1966 (Vic)

Disturbing religious assembly

Legislation

Summary Offences Act 1966 (Vic), s 21

Max Penalty

15 PU or 3 months

Typical Court

Magistrates' Court

Assaulting person attending religious assembly

Legislation

Summary Offences Act 1966 (Vic), s 21A

Max Penalty

15 PU or 3 months

Typical Court

Magistrates' Court

Intimidating, menacing or harassing persons attending religious assembly

Legislation

Summary Offences Act 1966 (Vic), s 21B

Max Penalty

15 PU or 3 months

Typical Court

Magistrates' Court

Hindering or obstructing persons attending religious assembly

Legislation

Summary Offences Act 1966 (Vic), s 21C

Max Penalty

15 PU or 3 months

Typical Court

Magistrates' Court

Official-Interference Adjacent

Assault, resist, obstruct, hinder or delay emergency worker, custodial officer, youth justice worker, local authority staff or assisting person

Legislation

Summary Offences Act 1966 (Vic), s 51

Max Penalty

60 PU or 6 months

Typical Court

Magistrates' Court

Assault, threaten, resist or intentionally obstruct emergency worker, custodial officer or youth justice custodial worker on duty

Legislation

Crimes Act 1958 (Vic), s 31

Max Penalty

5 years' imprisonment

Typical Court

Magistrates' / County Court

Violence Adjacent — Crimes Act 1958 (Vic)

Intentionally cause serious injury

Legislation

Crimes Act 1958 (Vic), s 16

Max Penalty

20 years' imprisonment

Typical Court

County Court

Recklessly cause serious injury

Legislation

Crimes Act 1958 (Vic), s 17

Max Penalty

15 years' imprisonment

Typical Court

County Court

Intentionally cause injury

Legislation

Crimes Act 1958 (Vic), s 18

Max Penalty

10 years' imprisonment

Typical Court

Magistrates' / County Court

Recklessly cause injury

Legislation

Crimes Act 1958 (Vic), s 18

Max Penalty

5 years' imprisonment

Typical Court

Magistrates' / County Court

Vilification & Hate-Conduct Adjacent

Serious vilification — incitement

Legislation

Crimes Act 1958 (Vic), s 195N

Max Penalty

3 years' imprisonment

Typical Court

Magistrates' / County Court

Serious vilification — threat of physical harm or property damage

Legislation

Crimes Act 1958 (Vic), s 195O

Max Penalty

5 years' imprisonment

Typical Court

Magistrates' / County Court

Public display or performance of Nazi symbols or gestures

Legislation

Summary Offences Act 1966 (Vic), s 41K

Max Penalty

120 PU or 12 months, or both

Typical Court

Magistrates' Court

Public display of terrorist organisation symbol

Legislation

Summary Offences Act 1966 (Vic), s 41Q

Max Penalty

120 PU or 12 months, or both

Typical Court

Magistrates' Court

Weapons & Public Safety Adjacent

Possess, carry or use prohibited weapon

Legislation

Control of Weapons Act 1990 (Vic), s 5AA

Max Penalty

240 PU or 2 years

Typical Court

Magistrates' Court

Possess, carry or use controlled weapon without lawful excuse

Legislation

Control of Weapons Act 1990 (Vic), s 6

Max Penalty

120 PU or 12 months; 240 PU or 2 years in licensed-premises-related circumstances

Typical Court

Magistrates' Court

Possess, carry or use dangerous article in public place

Legislation

Control of Weapons Act 1990 (Vic), s 7

Max Penalty

60 PU or 6 months; 120 PU or 12 months in licensed-premises-related circumstances

Typical Court

Magistrates' Court

Possess, carry or use loaded firearm in public place, or with reckless disregard for safety

Legislation

Firearms Act 1996 (Vic), s 130

Max Penalty

10 years' imprisonment

Typical Court

County Court

Event & Licensed-Premises Adjacent

Throw lit distress signal or firework in event venue or event area

Legislation

Major Events Act 2009 (Vic), s 64

Max Penalty

40 PU

Typical Court

Magistrates' Court

Drunk, violent or quarrelsome person refusing or failing to leave licensed premises

Legislation

Liquor Control Reform Act 1998 (Vic), s 114(2)

Max Penalty

50 PU

Typical Court

Magistrates' Court

Remaining near, or returning to, licensed premises after being refused entry or directed to leave

Legislation

Liquor Control Reform Act 1998 (Vic), ss 114(3)–(4)

Max Penalty

20 PU

Typical Court

Magistrates' Court

Federal Jurisdiction

Commonwealth Public Order Charges

ChargeLegislationMax PenaltyTypical Court
Public Order (Protection of Persons and Property) Act 1971 (Cth)
Assembly involving violence or apprehension of violence on Commonwealth premises or in a TerritoryPublic Order Act 1971 (Cth), s 6(1)20 PUState/Territory court (federal jurisdiction)
Violence or property damage while taking part in such an assemblyPublic Order Act 1971 (Cth), s 6(2)12 months' imprisonmentState/Territory court (federal jurisdiction)
Causing actual bodily harm while taking part in assemblyPublic Order Act 1971 (Cth), s 75 years' imprisonmentHigher court
Causing property damage over $1,500 while taking part in assemblyPublic Order Act 1971 (Cth), s 73 years' imprisonmentHigher court
Unreasonable obstruction while taking part in assemblyPublic Order Act 1971 (Cth), s 920 PUState/Territory court (federal jurisdiction)
Weapons, missiles or similar items at assemblyPublic Order Act 1971 (Cth), s 1020 PU for possession-type offence; otherwise 6 monthsState/Territory court (federal jurisdiction)
Trespass on premises in a TerritoryPublic Order Act 1971 (Cth), s 11(1)10 PUState/Territory court (federal jurisdiction)
Obstruction, offensive or disorderly conduct, or refusing to leave premises in a TerritoryPublic Order Act 1971 (Cth), s 11(2)20 PUState/Territory court (federal jurisdiction)
Trespass on Commonwealth premisesPublic Order Act 1971 (Cth), s 12(1)10 PUState/Territory court (federal jurisdiction)
Obstruction, offensive or disorderly conduct, or refusing to leave Commonwealth premisesPublic Order Act 1971 (Cth), s 12(2)20 PUState/Territory court (federal jurisdiction)
Firearm, explosive or offensive weapon on certain authority premisesPublic Order Act 1971 (Cth), s 13F12 months' imprisonmentState/Territory court (federal jurisdiction)
Trespass on protected premisesPublic Order Act 1971 (Cth), s 20(1)10 PUState/Territory court (federal jurisdiction)
Obstruction, offensive or disorderly conduct, or refusing to leave protected premisesPublic Order Act 1971 (Cth), s 20(2)20 PUState/Territory court (federal jurisdiction)
Trespass on prohibited Commonwealth landCrimes Act 1914 (Cth), s 8910 PUState/Territory court (federal jurisdiction)
Official-Interference & Harm — Criminal Code Act 1995 (Cth)
Obstructing, hindering, intimidating or resisting Commonwealth public officialCriminal Code (Cth), s 149.12 years' imprisonmentState/Territory court (federal jurisdiction)
Causing harm to Commonwealth public officialCriminal Code (Cth), s 147.1Up to 13 years' imprisonmentHigher court
Threatening harm or serious harm to Commonwealth public officialCriminal Code (Cth), s 147.22–10 years, depending on charged formState/Territory / higher court
Hate, Violence-Advocacy & Symbol — Criminal Code Act 1995 (Cth)
Advocating force or violence against groupsCriminal Code (Cth), s 80.2A7–10 years' imprisonmentHigher court
Advocating force or violence against members of groups or close associatesCriminal Code (Cth), s 80.2B7–10 years' imprisonmentHigher court
Threatening force or violence against groups, members or close associatesCriminal Code (Cth), ss 80.2BA–80.2BB7–10 years' imprisonmentHigher court
Public display of prohibited Nazi symbols or giving Nazi saluteCriminal Code (Cth), s 80.2H5 years' imprisonmentState/Territory / higher court
Public display of prohibited organisation symbolsCriminal Code (Cth), s 80.2HA5 years' imprisonmentState/Territory / higher court
Fail to comply with direction to cease public display of prohibited symbolCriminal Code (Cth), s 80.2M20 PUState/Territory court (federal jurisdiction)
Online Public-Order & Harassment — Criminal Code Act 1995 (Cth)
Using a carriage service to menace, harass or cause offenceCriminal Code (Cth), s 474.175 years' imprisonmentState/Territory court (federal jurisdiction)
Doxxing — making available personal data of individuals in menacing or harassing wayCriminal Code (Cth), s 474.17C6 years' imprisonmentState/Territory court (federal jurisdiction)
Doxxing — making available personal data of members of certain groups in menacing or harassing wayCriminal Code (Cth), s 474.17D7 years' imprisonmentState/Territory court (federal jurisdiction)
Public Order (Protection of Persons and Property) Act 1971 (Cth)

Assembly involving violence or apprehension of violence on Commonwealth premises or in a Territory

Legislation

Public Order Act 1971 (Cth), s 6(1)

Max Penalty

20 PU

Typical Court

State/Territory court (federal jurisdiction)

Violence or property damage while taking part in such an assembly

Legislation

Public Order Act 1971 (Cth), s 6(2)

Max Penalty

12 months' imprisonment

Typical Court

State/Territory court (federal jurisdiction)

Causing actual bodily harm while taking part in assembly

Legislation

Public Order Act 1971 (Cth), s 7

Max Penalty

5 years' imprisonment

Typical Court

Higher court

Causing property damage over $1,500 while taking part in assembly

Legislation

Public Order Act 1971 (Cth), s 7

Max Penalty

3 years' imprisonment

Typical Court

Higher court

Unreasonable obstruction while taking part in assembly

Legislation

Public Order Act 1971 (Cth), s 9

Max Penalty

20 PU

Typical Court

State/Territory court (federal jurisdiction)

Weapons, missiles or similar items at assembly

Legislation

Public Order Act 1971 (Cth), s 10

Max Penalty

20 PU for possession-type offence; otherwise 6 months

Typical Court

State/Territory court (federal jurisdiction)

Trespass on premises in a Territory

Legislation

Public Order Act 1971 (Cth), s 11(1)

Max Penalty

10 PU

Typical Court

State/Territory court (federal jurisdiction)

Obstruction, offensive or disorderly conduct, or refusing to leave premises in a Territory

Legislation

Public Order Act 1971 (Cth), s 11(2)

Max Penalty

20 PU

Typical Court

State/Territory court (federal jurisdiction)

Trespass on Commonwealth premises

Legislation

Public Order Act 1971 (Cth), s 12(1)

Max Penalty

10 PU

Typical Court

State/Territory court (federal jurisdiction)

Obstruction, offensive or disorderly conduct, or refusing to leave Commonwealth premises

Legislation

Public Order Act 1971 (Cth), s 12(2)

Max Penalty

20 PU

Typical Court

State/Territory court (federal jurisdiction)

Firearm, explosive or offensive weapon on certain authority premises

Legislation

Public Order Act 1971 (Cth), s 13F

Max Penalty

12 months' imprisonment

Typical Court

State/Territory court (federal jurisdiction)

Trespass on protected premises

Legislation

Public Order Act 1971 (Cth), s 20(1)

Max Penalty

10 PU

Typical Court

State/Territory court (federal jurisdiction)

Obstruction, offensive or disorderly conduct, or refusing to leave protected premises

Legislation

Public Order Act 1971 (Cth), s 20(2)

Max Penalty

20 PU

Typical Court

State/Territory court (federal jurisdiction)

Trespass on prohibited Commonwealth land

Legislation

Crimes Act 1914 (Cth), s 89

Max Penalty

10 PU

Typical Court

State/Territory court (federal jurisdiction)

Official-Interference & Harm — Criminal Code Act 1995 (Cth)

Obstructing, hindering, intimidating or resisting Commonwealth public official

Legislation

Criminal Code (Cth), s 149.1

Max Penalty

2 years' imprisonment

Typical Court

State/Territory court (federal jurisdiction)

Causing harm to Commonwealth public official

Legislation

Criminal Code (Cth), s 147.1

Max Penalty

Up to 13 years' imprisonment

Typical Court

Higher court

Threatening harm or serious harm to Commonwealth public official

Legislation

Criminal Code (Cth), s 147.2

Max Penalty

2–10 years, depending on charged form

Typical Court

State/Territory / higher court

Hate, Violence-Advocacy & Symbol — Criminal Code Act 1995 (Cth)

Advocating force or violence against groups

Legislation

Criminal Code (Cth), s 80.2A

Max Penalty

7–10 years' imprisonment

Typical Court

Higher court

Advocating force or violence against members of groups or close associates

Legislation

Criminal Code (Cth), s 80.2B

Max Penalty

7–10 years' imprisonment

Typical Court

Higher court

Threatening force or violence against groups, members or close associates

Legislation

Criminal Code (Cth), ss 80.2BA–80.2BB

Max Penalty

7–10 years' imprisonment

Typical Court

Higher court

Public display of prohibited Nazi symbols or giving Nazi salute

Legislation

Criminal Code (Cth), s 80.2H

Max Penalty

5 years' imprisonment

Typical Court

State/Territory / higher court

Public display of prohibited organisation symbols

Legislation

Criminal Code (Cth), s 80.2HA

Max Penalty

5 years' imprisonment

Typical Court

State/Territory / higher court

Fail to comply with direction to cease public display of prohibited symbol

Legislation

Criminal Code (Cth), s 80.2M

Max Penalty

20 PU

Typical Court

State/Territory court (federal jurisdiction)

Online Public-Order & Harassment — Criminal Code Act 1995 (Cth)

Using a carriage service to menace, harass or cause offence

Legislation

Criminal Code (Cth), s 474.17

Max Penalty

5 years' imprisonment

Typical Court

State/Territory court (federal jurisdiction)

Doxxing — making available personal data of individuals in menacing or harassing way

Legislation

Criminal Code (Cth), s 474.17C

Max Penalty

6 years' imprisonment

Typical Court

State/Territory court (federal jurisdiction)

Doxxing — making available personal data of members of certain groups in menacing or harassing way

Legislation

Criminal Code (Cth), s 474.17D

Max Penalty

7 years' imprisonment

Typical Court

State/Territory court (federal jurisdiction)

Maximum penalties are drawn from the Crimes Act 1958 (Vic), Summary Offences Act 1966 (Vic) and Control of Weapons Act 1990 (Vic) (Authorised Versions), and from the Criminal Code Act 1995 (Cth) and Public Order (Protection of Persons and Property) Act 1971 (Cth). Penalties shown are maximums only. PU = Victorian penalty unit, currently valued at $203.51 (2025–26). The Commonwealth penalty unit value differs and is set under the Crimes Act 1914 (Cth). The status of public-drunkenness offences may change as Victoria transitions to a public-health response — verify the current framework. This is general information only. Contact Lauren for advice on your specific matter.

RESULTS THAT MATTER

Real Outcomes and Client Reviews

Case Studies

Proven Results in Public Order Matters

How Lauren Tye has defended real clients facing public order charges in Victorian courts.

Affray — MAGISTRATES COURT

Charge Reduced After CCTV Review

Result: Affray charge withdrawn; plea accepted to lesser summary offence with non-custodial sentence.

Our client was charged with affray following a group altercation outside a licensed venue. The prosecution alleged he had used or threatened unlawful violence likely to cause a person of reasonable firmness to fear for their safety.

Lauren Tye obtained the full brief, including CCTV from multiple angles, witness statements and police body-worn footage. Written submissions were prepared identifying weaknesses in the identification evidence and the alleged conduct attributed to our client.

Following negotiations the affray charge was withdrawn and a plea was accepted to a lesser summary offence. The court imposed a non-custodial outcome.

Hinder Police & Offensive Behaviour — Magistrates' Court

Diversion Achieved on First Offence

Result: Both charges resolved by diversion with no conviction recorded.

Our client, a young professional with no prior history, was charged with hindering police and offensive behaviour after a late-night incident.

Lauren Tye prepared character references, evidence of counselling and a written diversion application addressing remorse and the unlikelihood of any reoffending.

The magistrate accepted that the matter was suitable for diversion. Both charges were resolved with no conviction recorded and no further sentencing consequences.

Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.

Urgent Guidance

Police Want to Speak to You About a Public Order Incident?

Get legal advice before answering questions. The first few hours can affect bail, the charges laid, negotiations with police or prosecutors, and your defence.

  1.  
1

Do not discuss the incident

Give identifying details if required, but do not answer questions about what happened, who was present, what was said or what you did.

Say: “I want to speak to my lawyer before answering any questions.”

2

Do not consent to extra searches

Do not voluntarily agree to searches, phone access, passwords or device unlocking before getting advice. If police use a lawful power, do not obstruct them.

3

Make a private note

Write down what happened while it is fresh. Include where you were, who was present, what police said, what you said and what was seized. Give the note only to your lawyer.

4

Preserve evidence

Keep clothing, footwear, receipts, photos, messages and anything connected to the incident. Do not delete, edit or alter anything.

5

Do not talk about the case

Do not post online, contact witnesses, speak to media or discuss the incident publicly. Messages and posts can be used in court.

6

Call a defence lawyer

Public order cases often turn on identification, group conduct, intent and what was actually said or done.

Call Lauren Tye on 0451 877 714.

Early advice matters. Public order cases often turn on identification, group conduct, intent and what was actually said and done at the time.

DEDICATED DEFENCE

Dedicated Public Order Defence

Advice and representation from first police contact to final outcome.

Public order offences can move quickly from a police interaction to serious charges. In Victoria, allegations such as affray, violent disorder, offensive behaviour, resisting police and assaulting emergency workers can carry significant penalties and wider consequences for work, travel, visas and professional registration.

These cases often depend on identification, group conduct, intent, CCTV, body-worn camera footage and what was actually said or done.

Lauren Tye represents clients in the Magistrates’ Court and County Court in matters under the Crimes Act 1958, Summary Offences Act 1966 and Control of Weapons Act 1990.

Lauren can assist with:

YOUR NEXT STEPS

What Happens After a Public Order Charge?

Public order matters can move quickly. Early legal advice can affect the charge, the evidence, negotiations and the final outcome.

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Police Action

Police may issue an infringement, arrest you, take you to a watch-house, request an interview or charge you on summons. A charge is not a conviction.

Legal Advice Before Interview

Get advice before answering questions, making a statement or giving your version of events. What you say early may affect bail, negotiations and defence strategy.

Evidence Review

Lauren reviews the brief, CCTV, body-worn camera footage, witness statements, identification evidence and other prosecution material.

Defence Strategy

Lauren identifies weaknesses, available defences and negotiation points. Where appropriate, she seeks withdrawal, charge reduction, diversion or resolution without conviction.

Court Representation

Lauren appears in the Magistrates' Court and County Court for bail, contest mentions, committals, pleas, sentencing and trials, and advises on consequences for work, travel and licensing.

Speak With Lauren About Your Charge

Available 24/7 including nights, weekends, and public holidays.

All enquiries are strictly confidential.

Lauren Tye personally handles your matter

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KEY INFORMATION

Key Facts About Public Order Charges in Victoria

Affray and violent disorder

Public order charges range from summary offences to serious indictable charges. Affray and violent disorder are serious offences under the Crimes Act 1958. They often involve allegations of group conduct, threats of violence, CCTV, body-worn camera footage and disputed identification.

What must the prosecution prove?

The prosecution must prove every element beyond reasonable doubt. Common issues include identification, what was said or done, intent, whether any violence or threat was unlawful, and whether police were acting in the execution of duty.

 

Which court hears public order charges?

Many public order matters are heard in the Magistrates’ Court, including offensive behaviour, disorderly conduct, hindering or resisting police, and some affray matters. More serious charges, including violent disorder and serious assaults on police or emergency workers, may proceed to the County Court.

 

Can I get bail?

Bail depends on the charge, the alleged facts, the evidence, prior history, personal circumstances and proposed bail conditions. Matters involving alleged violence against police or emergency workers may raise more complex bail issues.

Early advice is important before any police interview, bail application or first court appearance.

Frequently Asked Questions

Should I answer police questions?

Get legal advice first. Give identifying details if required, but do not answer questions about what happened before speaking to a lawyer.

Yes. Affray can involve threatening unlawful violence, not just physical violence.

The court looks at the words or conduct, where it happened, who was present and the full context.

It involves interfering with police while they are carrying out a lawful duty. The lawfulness of police conduct is often important.

Assault police is more serious and may involve force, threats or intentional obstruction of police or emergency workers.

Yes. Depending on the evidence and circumstances, a matter may be withdrawn, reduced, diverted or resolved without conviction.

No. Public intoxication is no longer a criminal offence, but related conduct may still lead to other charges.

It involves three or more people gathering with a common purpose in a way that threatens public peace.

Yes. Identification, body-worn footage, witness accounts, injury evidence and whether police acted lawfully may affect negotiations.

Yes. These cases often turn on the item, the location, the reason it was carried and whether there was a lawful excuse.

Yes. A conviction may affect employment, professional registration, visas, travel, licensing and security checks.

It depends on the charge, evidence and whether the case is negotiated, pleaded or contested. Serious or contested matters usually take longer.

This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.

Where Public Order Matters Are Heard

Most public order matters in Victoria start in the Magistrates’ Court. Offensive behaviour, disorderly conduct, hindering or resisting police, trespass, protest-related charges and many affray matters are often finalised there.

More serious charges, including violent disorder and serious assaults on police or emergency workers, may proceed to the County Court.

Lauren Tye appears in the Magistrates’ Court and County Court across Melbourne and regional Victoria, representing clients from arrest through to bail, plea, sentence, trial and appeal.

Lauren Tye appears in Magistrates’ Courts, the County Court, and the Supreme Court of Victoria for assault and violence matters across metropolitan Melbourne and regional Victoria.

Related Charges

Public Order Charges We Defend