Charged With a Public Order Offence in South Australia - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Public order offences in South Australia range from minor disorderly behaviour to serious charges like riot and affray. These charges can result in fines up to $10,000, imprisonment up to 2 years, and a permanent criminal record that affects employment and travel. The police have significant discretion in laying these charges, but a lawyer can often negotiate better outcomes, including withdrawals, diversions, or reduced penalties that avoid criminal convictions.

Do You Need a Lawyer?

Yes, you need a lawyer for public order charges in South Australia. Even seemingly minor charges like drunk and disorderly can result in criminal convictions that appear on police checks forever. Police prosecutors routinely seek convictions for these offences, but experienced lawyers know which charges are weak, when police have exceeded their powers, and how to negotiate outcomes that protect your record.

Without a lawyer, you risk pleading guilty to charges that could be defended or negotiated down. Our lawyers have successfully defended public order charges by challenging police evidence, questioning the reasonableness of police actions, and highlighting procedural failures. In many cases, we secure withdrawals or diversions that result in no criminal record.

The stakes are higher than most people realise. A conviction for affray or riot can prevent you from working in security, childcare, aged care, or any role requiring police checks. International travel can be restricted, particularly to countries like the United States and Canada that refuse entry to people with criminal records.

Don't face these charges alone. Call 1300 636 846 now for urgent legal advice from lawyers who defend public order charges every day.

What Happens Next - The Process

Understanding the court process helps you prepare for what's ahead:

1. Police charge or summons: You receive either on-the-spot charges or a court summons in the mail within 6 months of the alleged incident
2. First court appearance: Attend Adelaide Magistrates Court or your local Magistrates Court within the timeframe specified on your summons
3. Plea entry: You enter guilty or not guilty pleas to each charge - don't plead guilty without legal advice
4. Case management: If pleading not guilty, the court schedules case management conferences to prepare for trial
5. Negotiations: Your lawyer negotiates with police prosecutors to potentially withdraw or reduce charges
6. Trial or sentencing: Either contest the charges at trial or proceed to sentencing if pleading guilty or charges are proven
7. Appeals: You have 28 days to appeal any conviction or sentence to the District Court of South Australia

The process typically takes 3-6 months from charge to resolution. Early legal intervention often shortens this timeframe by securing better outcomes through negotiation. Book your consultation at gotocourt.com.au/book to start protecting your interests immediately.

The Law in South Australia

South Australia's public order offences are primarily governed by the Summary Offences Act 1953 (SA) and the Criminal Law Consolidation Act 1935 (SA). Here are the main offences and their penalties:

Disorderly Behaviour

Under Section 7 of the Summary Offences Act, disorderly behaviour in a public place carries a maximum penalty of $1,250 fine or 3 months imprisonment. Police must prove your behaviour was unreasonable in the circumstances and likely to cause alarm to others.

Drunk and Disorderly

Section 17 creates the specific offence of being drunk and disorderly in a public place, with penalties up to $1,250 fine or 3 months imprisonment. Police must prove both intoxication and disorderly conduct occurring simultaneously.

Offensive Behaviour

Section 7A covers offensive behaviour, language, or material in public places. The maximum penalty is $1,250 fine or 3 months imprisonment. The prosecution must prove the behaviour would offend a reasonable person in the circumstances.

Affray

Under Section 83 of the Criminal Law Consolidation Act, affray involves using or threatening unlawful violence that would cause a reasonable person to fear for their safety. This serious charge carries up to 3 years imprisonment and creates a criminal record.

Riot

Section 84 defines riot as 12 or more persons using or threatening unlawful violence for a common purpose. The maximum penalty is 10 years imprisonment, making this one of the most serious public order offences.

All these offences result in criminal records if you're convicted. However, South Australian courts have discretion to impose non-conviction penalties under Section 16 of the Criminal Law (Sentencing) Act 1988, which experienced lawyers regularly secure for clients.

Mistakes to Avoid

These common mistakes destroy cases and lead to unnecessary convictions:

1. Pleading Guilty Immediately

Police often overcharge public order offences, laying multiple charges for single incidents or charging serious offences when evidence only supports minor ones. We regularly secure withdrawal of charges that clients assumed they had to plead guilty to. Never plead guilty at your first court appearance without getting legal advice about whether the charges can be defended or negotiated down.

2. Talking to Police Without Understanding Your Rights

Many clients damage their cases by making admissions to police that aren't required by law. You have the right to remain silent except for providing your name and address. Police often misrepresent what witnesses said or take statements out of context. Record any police interview if possible, and don't sign statements without reading them carefully.

3. Ignoring Court Documents

Failing to appear in court results in warrants for your arrest and additional charges. Court dates can be changed, but you must follow proper procedures through the court registry. We've seen clients arrested at work because they missed court appearances they forgot about or didn't properly postpone.

4. Representing Yourself in Complex Cases

Public order charges often involve complex legal defenses like self-defense, reasonable response to provocation, or challenging police powers to arrest. Magistrates expect proper legal submissions citing relevant case law. Self-represented defendants typically receive harsher penalties because they can't present mitigating factors effectively or negotiate with prosecutors.

5. Not Challenging Weak Police Evidence

Police statements often contain inconsistencies, fail to meet legal thresholds, or result from unlawful arrests. Body-worn camera footage frequently contradicts police narratives. We routinely expose these weaknesses to secure charge withdrawals, but only lawyers with experience in criminal defense know what to look for and how to challenge evidence effectively.

Likely Outcomes and Costs

The outcome of your case depends heavily on legal representation quality and early intervention:

With Experienced Legal Representation

Our lawyers achieve charge withdrawals in approximately 40% of public order cases by challenging evidence, exposing police procedural failures, or negotiating with prosecutors. When charges proceed, we secure non-conviction penalties in over 60% of cases, protecting clients' criminal records while resolving matters.

For first offenders with minor charges, we often secure Police Diversions that result in no court appearance and no criminal record. More serious charges like affray can be reduced to disorderly behaviour, significantly reducing penalties and avoiding imprisonment risks.

Without Legal Representation

Self-represented defendants face conviction rates exceeding 85% for public order offences. Magistrates impose criminal convictions more readily when defendants can't present proper mitigation or legal submissions. Average fines are 40-60% higher, and imprisonment is more likely for repeat offences or serious charges.

Legal Costs and Timeframes

Our fixed-price consultations cost $295 and provide immediate advice about your case prospects and options. Summary case representation typically costs $2,500-$5,000 depending on complexity, while contested hearings range from $5,000-$15,000.

Most cases resolve within 3-4 months with active legal representation compared to 6-12 months for self-represented defendants. Early legal intervention often reduces costs by securing better outcomes through negotiation rather than contested hearings.

The cost of legal representation is typically far less than the long-term consequences of criminal convictions affecting employment, travel, and professional licensing. Call 1300 636 846 now for immediate cost estimates specific to your situation.

How Go To Court Lawyers Can Help

Go To Court Lawyers is Australia's largest criminal law firm with over 800 lawyers operating in every state and territory since 2010. Our South Australian team appears in Adelaide Magistrates Court, District Court, and regional courts daily, building relationships with prosecutors and magistrates that benefit our clients.

We've earned a 4.5-star rating from 780+ client reviews by delivering results that matter: protecting criminal records, reducing penalties, and securing charge withdrawals. Our lawyers know which public order charges are routinely withdrawn, which magistrates favour diversion programs, and how to present cases for optimal outcomes.

Available 24/7: Call 1300 636 846 for immediate legal advice about your public order charges. Our emergency hotline connects you with experienced criminal lawyers who understand South Australian courts and can start protecting your interests immediately.

Fixed-Price Consultations: Book online at gotocourt.com.au/book for fixed-fee consultations that provide clear advice about your case prospects, likely outcomes, and legal costs. No hidden fees or surprise charges.

Proven Track Record: We've successfully defended thousands of public order charges across South Australia, securing outcomes our clients thought were impossible. From complete charge withdrawals to non-conviction penalties that protect criminal records, we fight for results that matter.

Don't let public order charges destroy your future. Call 1300 636 846 now or book online at gotocourt.com.au/book for urgent legal help from Australia's most experienced criminal defense team.