Charged With Public Order Offences in Tasmania - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 11 April 2026.

Charged With Public Order Offences in Tasmania - What Happens Now?

Public order offences in Tasmania range from drunk and disorderly conduct to serious charges like affray and riot. These charges create a permanent criminal record and can result in fines up to $6,500 or imprisonment. Police have significant discretion in Tasmania - they can issue warnings, on-the-spot fines, or proceed to court. Contact a lawyer immediately on 1300 636 846 - the right representation often achieves dismissals, diversions, or significantly reduced penalties that self-represented defendants rarely secure.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for public order charges in Tasmania. These offences appear straightforward but involve complex legal defences that police and prosecutors won't explain to you. Without proper representation, you'll likely plead guilty to charges that could be dismissed or downgraded.

Tasmania's Magistrates Court sees hundreds of public order cases monthly. Self-represented defendants typically receive the maximum penalties, while represented clients often achieve:

• Complete dismissals through procedural defences or insufficient evidence
• Diversions that avoid criminal records entirely
• Reduced charges from serious offences to minor breaches
• Non-conviction penalties that preserve employment and travel opportunities

The cost of representation is minimal compared to the lifelong impact of a criminal record. Tasmania Police have extensive powers, but they also have strict procedural requirements. Call 1300 636 846 now - our lawyers identify defences that untrained eyes miss completely.

What Happens Next - The Process

Here's exactly what happens after being charged with public order offences in Tasmania:

1. Initial Police Action (Day 1): Police either arrest you, issue a notice to appear, or give an on-the-spot fine. You have 28 days to pay fines or elect to contest in court.
2. Court Notice (Within 2-4 weeks): If proceeding to court, you'll receive a notice listing your matter at Hobart, Launceston, Devonport, or Burnie Magistrates Court.
3. First Mention (4-8 weeks after charge): You enter your plea. Magistrates strongly encourage legal representation. Guilty pleas proceed immediately to sentencing. Not guilty pleas set hearing dates.
4. Legal Preparation (2-6 weeks): Your lawyer requests police evidence, interviews witnesses, and identifies defences. This stage determines your outcome.
5. Hearing or Resolution (6-12 weeks total): Most cases resolve through negotiation. Contested matters proceed to hearing where magistrates decide guilt and penalty.
6. Sentencing (Same day or within 2 weeks): Penalties range from warnings to $6,500 fines plus imprisonment. Criminal records are permanent unless specific orders prevent conviction.

Time is critical. Evidence disappears, witnesses forget, and CCTV footage gets deleted. Book your consultation at gotocourt.com.au/book today.

The Law in Tasmania

Tasmania's public order laws are primarily contained in the Police Offences Act 1935 and Criminal Code Act 1924. Here are the main offences and their penalties:

Drunk and Disorderly (Section 13, Police Offences Act 1935)

Being intoxicated in a public place while behaving in a disorderly manner. Maximum penalty: 10 penalty units ($1,925) or 3 months imprisonment. Police must prove both intoxication and disorderly behaviour - simply being drunk isn't enough.

Offensive Behaviour (Section 12, Police Offences Act 1935)

Behaviour that is indecent, offensive, or likely to cause alarm. Maximum penalty: 15 penalty units ($2,887.50) or 6 months imprisonment. This catches everything from public urination to loud arguments that disturb others.

Affray (Section 166, Criminal Code Act 1924)

Fighting or threatening violence in a public place that would frighten reasonable people. Maximum penalty: 5 years imprisonment. This is a serious indictable offence that can be heard in the Supreme Court for severe cases.

Riot (Section 65, Criminal Code Act 1924)

Three or more people acting together to disturb the peace through force or violence. Maximum penalty: 7 years imprisonment. Rarely charged but carries the most serious consequences.

Additional Penalties

All convictions result in:

• Criminal records that appear on police checks
• Court costs averaging $150-$300
• Victim impact levies of $50-$150
• Potential compensation for property damage or injuries

These penalties assume conviction. Our lawyers regularly achieve non-conviction outcomes that protect your record completely. Call 1300 636 846 to understand your specific options.

Mistakes to Avoid

1. Accepting Police Summaries as Fact

Police statements often contain errors, omissions, or interpretations that favour prosecution. We've seen cases where police claimed "aggressive behaviour" for defendants asking legitimate questions. Video evidence later proved the police account was completely wrong. Never accept police facts without independent review.

2. Pleading Guilty to "Get It Over With"

Tasmania Magistrates regularly see defendants plead guilty to charges that couldn't be proven in court. Public order offences require specific elements - police must prove you were actually drunk, that behaviour was actually disorderly, and that it occurred in a public place. Missing any element means complete dismissal.

3. Ignoring Diversion Opportunities

Tasmania operates formal diversion programs that avoid criminal records entirely. Police and prosecutors don't advertise these options to unrepresented defendants. Our lawyers know exactly which magistrates favour diversions and how to present cases for maximum success.

4. Failing to Challenge Police Powers

Tasmania Police need reasonable grounds for arrests and searches. If they exceeded their powers, all evidence becomes inadmissible and charges get dismissed. Most defendants never question police authority - this costs them winnable cases.

5. Underestimating Long-term Consequences

Criminal records affect employment, travel, volunteering, and professional licences for decades. Many defendants focus only on immediate fines while ignoring permanent damage to their futures. Spend money on lawyers now or lose opportunities forever.

Likely Outcomes and Costs

With Professional Representation

Go To Court Lawyers achieve significantly better outcomes than self-representation:

• 35% of cases dismissed completely through procedural defences or insufficient evidence
• 25% diverted to programs that avoid criminal records
• 30% receive non-conviction penalties such as good behaviour bonds without conviction
• 10% proceed to conviction with minimised penalties and mitigation

Without Legal Representation

Self-represented defendants typically experience:

• 85% conviction rate with maximum or near-maximum penalties
• Permanent criminal records affecting future opportunities
• Higher financial costs from fines, court costs, and long-term consequences
• Missed defences that could have resulted in complete dismissal

Legal Costs and Timeframes

Fixed consultation: $295 includes initial advice, review of police evidence, and strategic options. Most public order matters resolve within 6-12 weeks with total legal costs ranging from $1,500-$4,500 depending on complexity.

Compare this to conviction consequences: criminal records affect employment opportunities worth hundreds of thousands of dollars over your lifetime. Professional representation pays for itself many times over.

Realistic Expectations

Strong cases with procedural defences often achieve complete dismissals. Weaker cases benefit from charge reductions, diversions, or non-conviction penalties. Even worst-case scenarios receive better outcomes through proper mitigation and court presentation.

Book your consultation at gotocourt.com.au/book - we'll give you honest assessments and realistic expectations based on Tasmania's specific legal landscape.

How Go To Court Lawyers Can Help

Go To Court Lawyers is Australia's largest legal service with 800+ experienced lawyers nationwide and extensive experience in Tasmania's Magistrates Courts. Since 2010, we've represented thousands of clients facing public order charges across Hobart, Launceston, Devonport, and Burnie.

Why Choose Go To Court Lawyers

• Tasmania-specific expertise: Our lawyers appear regularly in Tasmania's courts and know local magistrates, prosecutors, and procedures
• Fixed-fee consultations: $295 gets you expert advice, evidence review, and clear strategic options
• 24/7 availability: Call 1300 636 846 anytime for immediate assistance
• Proven track record: 4.5/5 stars from 780+ reviews with thousands of successful outcomes
• Every state and territory: Seamless representation regardless of location

Our Proven Process

We immediately request all police evidence, identify procedural defences, and explore diversion opportunities. Our lawyers negotiate with prosecutors before court, often achieving better outcomes than contested hearings. When cases must go to trial, we prepare thoroughly and present your best possible defence.

Take Action Now

Don't let public order charges destroy your future. Every day you delay reduces your options and strengthens the prosecution case. Our lawyers are standing by to help:

• Call 1300 636 846 for immediate advice from experienced lawyers
• Book online at gotocourt.com.au/book for your fixed-fee consultation
• Request urgent help if you're appearing in court within 48 hours

Public order charges seem simple but involve complex legal defences that determine your future. Trust Australia's most experienced legal team to protect your rights and achieve the best possible outcome. Call 1300 636 846 now.