A person who, in a public place or a police station: behaves in a disorderly or offensive manner; or fights with another person; or uses offensive language; or disturbs the public peace, is guilty of an offence.
Disorderly or offensive behaviour includes riotous, threatening, abusive or insulting behaviour, for example, being abusive to others in the street or smashing beer bottles on the road.
Public place includes places with free access to the public, or which the public are addmitted to on payment of money, or roads, streets, thouroughfares etc that the public are allowed to use, even if they are on private property, and for the purpose of this section of the Summary Offences Act 1953 (SA), also includes any licensed premises or a ship or vessel.
Maximum penalty : $1 250 or 3 months imprisonment.
[Summary Offences Act 1953 (SA) s 7(1) and 7(2)]
It is an offence of violent disorder when three or more people present together use or threaten unlawful violence, and the conduct of them taken together would cause a person (of reasonable firmness) to fear their personal safety.
Maximum penalty: $10 000 or 2 years imprisonment.
[Summary Offences Act 1953 (SA) s 6A]
A person has committed the offence of affray when they use or threaten violence towards another and their conduct would cause a person (of reasonable firmness) to fear for their personal safety.
This may involve more than one person, and when it does, the behaviour of all people is considered when determining its effect.
An example of an affray is a fight between two or more people with a level of violence that puts an innocent bystander in substantial fear (not just a passing concern) for their personal safety.
Maximum penalty:
Basic offence: 3 years imprisonment
Aggravated offence: 5 years imprisonment
[Criminal Law Consolidation Act 1935 (SA) s 83C]
The offence of Riot is committed when 12 or more people are present together and use or threaten unlawful violence for a common purpose, and that the conduct of them would cause a person (of reasonable firmness) present at the scene to fear their own personal safety.
Maximum penalty:
Basic offence: 7 years imprisonment
Aggravated offence: 10 years imprisonment
[Criminal Law Consolidation Act 1935 (SA) s 83B]