ON THE SPOT FINES FOR PUBLIC URINATION
Published Sunday, 10 August, 2008 at 05:00 AM
JOINT STATEMENT
Minister for Police, Corrective Services and Sport
The Honourable Judy Spence
Premier
The Honourable Anna Bligh
POLICE will be given powers to issue on the spot fines for Public Nuisance offences under a new State Government ticketing trial to be introduced next year.
Premier Anna Bligh has also announced that cabinet has given the go-ahead to a new offence of public urination to come into force in 2009.
“Under the 12 month trial, police will have the power to issue tickets for Public Nuisance offences in addition to existing powers to arrest or issue an offender with a notice to appear in court,” said the Premier.
“The new offence of public urination has previously been recorded under the umbrella offences of public nuisance or willful exposure.”
The introduction of a ticketing system for these types of offences was recommended in a CMC report on Queensland’s Public Nuisance Offences, released in May this year.
Ms Bligh said: “This system has the potential to reduce the number of people entering the court system although serious offenders will still be dealt with in the same way.
“By giving police the power to rapidly deal with public nuisance offences on the spot, the system will also allow police to spend more time on the beat responding to the needs of the community.
“Just as road users know that if they are caught breaking the speed limit they will be fined, this system will make it clear to Queenslanders that inappropriate behaviour in public places will not be tolerated.”
In 2006/07, 22,191 public nuisance offences were recorded in Queensland.
These offences were recorded against people for a range of actions such as:
• Disorderly behaviour - challenging people to fight, interrupting a peaceable gathering by screaming abuse;
• Offensive behaviour - making offensive gestures, writing offensive matters on a wall, urinating in public;
• Threatening behaviour - making threats to people, taking an aggressive stance with a view to intimidating people;
• Violent Behaviour - actually fighting.
Police Minister Judy Spence said: “Under the new ticketing system trial police can still arrest people for these offences, however those who do not need to be arrested can simply receive a ‘ticket’ for their offence in the same way a person receives a traffic ticket.
“In addition, people who have been arrested can later be released and given a ticket. This will reduce the amount of paperwork frontline first response police need to complete.
“This will be an extra option for police to apply more discretion when dealing with public nuisance offences, in addition to the existing suite of options including arrest, issuing of a notice to appear, issuing of a warning or issuing of a move-on direction.
“The Queensland Police Service will now look at the requirements for the initial trial, which will commence in the two police districts of South Brisbane and Townsville next year.”
Ms Spence said the introduction of a ticketing system is one of four recommendations in the CMC’s report on Queensland’s Public Nuisance Offences, endorsed by cabinet.
The CMC report examined two specific issues:
• What was the impact of the introduction of the new public nuisance offence (in 2003)?
• Are Queensland’s public nuisance laws being used properly fairly and effectively?
“The findings of the report are very encouraging with the CMC stating that Queensland’s public nuisance laws are being used fairly and effectively,” Ms Spence said.
“The CMC found police are using these laws to take action to respond to growing community concerns about anti-social behaviour, especially where alcohol is concerned.
“Police data shows alcohol is the single highest causal factor of public nuisance, involved in three quarters of cases, and the report found public nuisance offence is: “most frequently used to respond to violent and threatening behaviour.”(page 49)
The CMC’s research showed:
• The representation of marginalised groups in these kinds offences has: “not been amplified since the introduction of the new public nuisance offence”.(page 113)
• There has been: “a decrease in the proportion of Indigenous public nuisance offenders for the new offence period.”(page 113)
• “A high proportion of public nuisance incidents are not generated by police, but in fact are brought to their attention by members of the public.” (page 83)
• “There is no evidence of large-scale increases in public nuisance after the introduction of the new offence; rather, these increases appear to be consistent with a steady upward long-term trend in public nuisance data over the 10 years from 1997.” (page 59)
“Given that our police are encouraged to take a zero tolerance approach to public misbehaviour, this report clearly paints a positive picture about police application of our public nuisance laws – but there is always room for improvement.
“The trial of a ticketing system will act as a further safety net for vulnerable people from marginalised groups – to reduce their over-representation in our courts.”
Government will now work to deliver on this and four other recommendations, including:
• Creation of a separate offence of public urination, which is currently recorded under the umbrella offences of public nuisance or willful exposure;
• The QPS to reinforce the message that de-escalation, diversion and prevention are guiding principles when dealing with public nuisance offences;
• The QPS to examine options for improving the recording of public nuisance offence, particularly for offensive language, so it can be monitored in accordance with recommendations from the Royal Commission into Aboriginal Deaths in Custody;
• Government, community and business to continue to work in partnership, along with the police, to address underlying causes of public nuisance offending.
Media Contact: Premier’s Office – 32244500; Minister’s Office – 3239 6172
Premier Anna Bligh has also announced that cabinet has given the go-ahead to a new offence of public urination to come into force in 2009.
“Under the 12 month trial, police will have the power to issue tickets for Public Nuisance offences in addition to existing powers to arrest or issue an offender with a notice to appear in court,” said the Premier.
“The new offence of public urination has previously been recorded under the umbrella offences of public nuisance or willful exposure.”
The introduction of a ticketing system for these types of offences was recommended in a CMC report on Queensland’s Public Nuisance Offences, released in May this year.
Ms Bligh said: “This system has the potential to reduce the number of people entering the court system although serious offenders will still be dealt with in the same way.
“By giving police the power to rapidly deal with public nuisance offences on the spot, the system will also allow police to spend more time on the beat responding to the needs of the community.
“Just as road users know that if they are caught breaking the speed limit they will be fined, this system will make it clear to Queenslanders that inappropriate behaviour in public places will not be tolerated.”
In 2006/07, 22,191 public nuisance offences were recorded in Queensland.
These offences were recorded against people for a range of actions such as:
• Disorderly behaviour - challenging people to fight, interrupting a peaceable gathering by screaming abuse;
• Offensive behaviour - making offensive gestures, writing offensive matters on a wall, urinating in public;
• Threatening behaviour - making threats to people, taking an aggressive stance with a view to intimidating people;
• Violent Behaviour - actually fighting.
Police Minister Judy Spence said: “Under the new ticketing system trial police can still arrest people for these offences, however those who do not need to be arrested can simply receive a ‘ticket’ for their offence in the same way a person receives a traffic ticket.
“In addition, people who have been arrested can later be released and given a ticket. This will reduce the amount of paperwork frontline first response police need to complete.
“This will be an extra option for police to apply more discretion when dealing with public nuisance offences, in addition to the existing suite of options including arrest, issuing of a notice to appear, issuing of a warning or issuing of a move-on direction.
“The Queensland Police Service will now look at the requirements for the initial trial, which will commence in the two police districts of South Brisbane and Townsville next year.”
Ms Spence said the introduction of a ticketing system is one of four recommendations in the CMC’s report on Queensland’s Public Nuisance Offences, endorsed by cabinet.
The CMC report examined two specific issues:
• What was the impact of the introduction of the new public nuisance offence (in 2003)?
• Are Queensland’s public nuisance laws being used properly fairly and effectively?
“The findings of the report are very encouraging with the CMC stating that Queensland’s public nuisance laws are being used fairly and effectively,” Ms Spence said.
“The CMC found police are using these laws to take action to respond to growing community concerns about anti-social behaviour, especially where alcohol is concerned.
“Police data shows alcohol is the single highest causal factor of public nuisance, involved in three quarters of cases, and the report found public nuisance offence is: “most frequently used to respond to violent and threatening behaviour.”(page 49)
The CMC’s research showed:
• The representation of marginalised groups in these kinds offences has: “not been amplified since the introduction of the new public nuisance offence”.(page 113)
• There has been: “a decrease in the proportion of Indigenous public nuisance offenders for the new offence period.”(page 113)
• “A high proportion of public nuisance incidents are not generated by police, but in fact are brought to their attention by members of the public.” (page 83)
• “There is no evidence of large-scale increases in public nuisance after the introduction of the new offence; rather, these increases appear to be consistent with a steady upward long-term trend in public nuisance data over the 10 years from 1997.” (page 59)
“Given that our police are encouraged to take a zero tolerance approach to public misbehaviour, this report clearly paints a positive picture about police application of our public nuisance laws – but there is always room for improvement.
“The trial of a ticketing system will act as a further safety net for vulnerable people from marginalised groups – to reduce their over-representation in our courts.”
Government will now work to deliver on this and four other recommendations, including:
• Creation of a separate offence of public urination, which is currently recorded under the umbrella offences of public nuisance or willful exposure;
• The QPS to reinforce the message that de-escalation, diversion and prevention are guiding principles when dealing with public nuisance offences;
• The QPS to examine options for improving the recording of public nuisance offence, particularly for offensive language, so it can be monitored in accordance with recommendations from the Royal Commission into Aboriginal Deaths in Custody;
• Government, community and business to continue to work in partnership, along with the police, to address underlying causes of public nuisance offending.
Media Contact: Premier’s Office – 32244500; Minister’s Office – 3239 6172