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Rioting and Public Disorder Offences In WA

Large crowd of protesters ready to riot

The UK has recently experienced a wave of riots across the country, leading to a heavy police crackdown.

In Western Australia, the law takes an equally strong stance against actions that disrupt the public order, particularly where actions may lead to violence or property damage.

The following outlines various rioting and related public order offences in WA, including key definitions, penalties and possible defences under the criminal law.

 

The Offence of Unlawful Assembly

 It is an offence under section 63 of the Criminal Code Act Compilation Act 1913 WA (‘WA Criminal Code’) to ‘take part in an unlawful assembly’. This offence carries a maximum penalty of 12 months’ imprisonment or a fine of $12,000.

An ‘unlawful assembly’ is defined under section 62 of the Code as:

When 3 or more persons, with intent to carry out some common purpose, assemble in such a manner, or, being assembled, conduct themselves in such a manner as to cause persons in the neighbourhood to fear, on reasonable grounds, that the persons so assembled will tumultuously disturb the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons tumultuously to disturb the peace.

A further offence is provided under section 64 of the Code if a justice or a police officer gives a direction to disperse from an unlawful assembly and a person fails to disperse in a reasonable time. This offence carries a maximum penalty of 3 years imprisonment, or 2 years imprisonment and a fine of $24,000 if heard summarily.

 

The Offence of Rioting in WA

It is an offence under section 65 of the Code to take part in a ‘riot’. This offence carries a maximum penalty of 5 years imprisonment, or 2 years imprisonment and a fine of $24,000 if heard summarily.

A ‘riot’ is defined under section 62(4) of the Code as “when an unlawful assembly has begun to act in so tumultuous a manner as to disturb the peace”.

A further offence is provided under section 65 of the Code if a justice or a police officer gives a direction to disperse from a riot and a person fails to disperse in a reasonable time. This offence carries a maximum penalty of 10 years imprisonment.

Section 67 of the Code also outlines an offence for causing damage during a riot. If a person unlawfully destroys or damages property as part of a riot, they are liable to a maximum penalty of 10 years imprisonment. This maximum penalty increases to 14 years imprisonment if property is damaged or destroyed by fire.

 

The Offence of Fighting in Public Causing Fear

It is an offence under section 71 of the Code for a person who, in view of a public place, takes part in a fight with another person in circumstances that are likely to cause fear to any person.

The offence carries a maximum penalty of 2 years imprisonment if dealt with on indictment and a fine of up to $6000 if the matter is dealt with summarily in the Magistrates Court.

The reference to casing fear to “another person” does not include the effect upon the person actually engaged in the fight. The seriousness of the conduct seems to be the apprehension or potential apprehension that might be caused to those who are not participants.

The offence is constituted by a fight of a serious nature irrespective of whether any member of the public is alarmed by what occurs.

 

The Offence of Disorderly Behaviour In Public

It is an offence under section 74A(2) of the Code to behave ‘in a disorderly manner’ in a public place or in sight of or hearing of any person who is in a public place; or in a police station or lock-up. This offence carries a maximum penalty of a fine of $6000.

A person will be said to have behaved ‘in a disorderly manner’ if they either (use insulting, offensive or threatening language and/or behave in an insulting, offensive or threatening manner in a public place or in police station or lock up.

 

The Defence of Lawful Excuse

It is a defence to participate in what would otherwise be an unlawful assembly or riot if the person who participates has a lawful excuse.

Under section 62(3) of the Act it is a lawful excuse to assemble for the purpose of protecting a house against persons threatening to enter the house in order to commit an indictable offence.

A lawful excuse may also exist if a person is participating in an approve protest or undertaking lawful industrial activity. Generally, public meetings and processions require a permit under the Public Order in Streets Act 1984 (WA) in order to be lawful for the purposes of acting as a defence. Even if initially permitted, such assemblies may become unlawful once individuals begin to act in a disorderly manner.

Finally, participating in an unlawful assembly or riot may be lawful if a formal legal defence applies. This could include where participation occurred as a result of duress or a person was otherwise coerced into participating, or where disorderly behaviour occurred in self-defence.

 

Need Legal Advice?

Andrew Williams is an experienced Criminal Lawyer and Barrister who can provide you with expert legal advice about actions that disrupt the public order.

Andrew offers a range of criminal law services and traffic law services in Perth, Fremantle and throughout Western Australia. He has the experience to guide you through your legal matter whilst working towards achieving the best outcome for your case.

Call Now: (08) 9278 2575

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

PLEASE NOTE: The material in this blog post is for informational use only and should not be construed as legal advice. For answers to your questions regarding this or other topics, please contact a professional legal representative.

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