Poverty, Police and the Offence of Public Nuisance

Bond Law Review, 20 2: 198-215

Posted: 26 Jun 2015

Date Written: 2008


The policing of public order is fraught with conflict. The ‘right’ of one person or group to enjoy public spaces is often presented as being in conflict with the rights of others to do the same. Other rights may conflict with one another in the context of public space, including the right to freedom of expression, the right to freedom of assembly and the right to freedom from interference. Further, interactions in public space between police and members of the public can result in both verbal and physical conflict. Each may harbour resentment and prejudice against the other which influences, and is influenced by, the exchanges that occur between them in public space. In the midst of all this, laws must be drafted to regulate behaviour and protect rights. While the aim is to strike the right balance between competing interests, the interests of some have historically taken precedence over those of others. The ‘public nuisance’ offence provides an apt example of this.

JEL Classification: K00

Suggested Citation

Walsh, Tamara, Poverty, Police and the Offence of Public Nuisance (2008). Bond Law Review, 20 2: 198-215, Available at SSRN: https://ssrn.com/abstract=2622800

Tamara Walsh (Contact Author)

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072

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