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OpticalLight

Qld cops to issue fines for swearing in public

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Queensland police are to be given the power to issue on-the-spot public nuisance fines, including fines for swearing in public, to drunken louts across the state.

Swearing in public could cost a person $100 and there are fears it would become a major money-spinner for the state.

Experts fear abuse of the power by frustrated officers eager to enforce power on their rowdy beats.

Queensland Council of Civil Liberties president Michael Cope said the new powers were a concern and public nuisance offence rates soar.

"This will become the thing police just slap on someone whenever they aren't happy," says Mr Cope. "No one will fight them and ultimately people who are homeless or young will bear the brunt of this."

Premier Anna Bligh made the announcement following a successful 12-month trial of issuing infringement notices for public nuisance, public urination and associated offences in South Brisbane and Townsville police districts during 2009.

Legislation to allow the statewide rollout of public nuisance ticketing ranging between $100 and $300, will be introduced into state parliament later this year.

The introduction of the ticketing system was recommended in a 2008 CMC report on Queensland's public nuisance offences.

The CMC found that 60 per cent of summary offences dealt with in the Magistrates Court were offences of public nuisance and that 97 per cent of defendants either pleaded guilty or were found guilty after they failed to appear in court.

Public urination and disorderly offences accounted for the majority of tickets, together accounting for two-thirds of all those issued.

A report by Griffith University, which evaluated the trial, concluded that tickets were a cost-effective means of dealing with public nuisance offences.

Ms Bligh said 46 per cent of all persons ticketed had no previous criminal history and only one per cent contested them before the courts.

"On the spot ticketing for public nuisance offences is a very cost effective way of dealing with low level offending," she said.

"At the same time it frees up police and the courts to get on with much more serious crimes."

Police Minister Neil Roberts said public nuisance ticketing allowed police to spend more time on the beat responding to the needs of the community, instead of doing paperwork.

"Inappropriate behaviour in public places is simply not acceptable and police officers are encouraged to take a zero tolerance approach to public misbehaviour," Mr Roberts said.

"The rollout of public nuisance ticketing statewide will mean that no matter where you are in Queensland, if you're caught doing the wrong thing you can receive an on-the-spot fine."

 

From here.

AAP

June 16, 2010, 9:39 am

Edited by OpticalLight

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Fucken pricks !

You've got to admit that some people take it too far though.

It's one thing to swear when you are trying emphasise a point, sometimes the best way to make a point is to swear ie "Go away" doesn't have anywhere near as much clout as "Fuck off".

If your at the pub or with friends who cares, but if your waiting at a bus stop surrounded by 70 year old grandma's it's not really appropriate.

All that said it is another power with the potential to be abused.

One place I worked with an older man was an ex cop, he'd left the police force over the way infringements were dealt with. Speeding fines were his pet hate, apparently breaking the speed limit was OK as long as it was not deemed to be dangerous and coming from a small town he didn't like to book people for trivial offences, but his superiors started making him fine everyone for all infringements no matter how trivial.

It could be another step towards a police state.

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fight for your right to fuck (and say it)

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omg swearing is sooooooo offensive

people are getting bashed, killed, molested, environmental laws are being flaunted, domestic violence is rampant. lets catch people who say the wrong words in public cuz that is soooooo harmful to society and people in general.

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fucken dickheads

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I remember being told a few years ago about an officer in Adelaide who took someone to court for swearing at him.

The judge threw it out stating(paraphrased)

"If you're that easily offended perhaps policing isn't the job for you?"

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this has to be in direct violation of our civil liberties right? freedom of speech! i wasnt aware swearing in public was even a crime only swearing at someone directly (verbal assault) FUCKING ARSHOLES!!! the police WILL use this to target youth and the homeless and to pin anything on you when they pull you up bright eyed on your way home at 3am with a hard on for a drug bust and cant find a thing on you they will antagonise you untill you lose it and tell them to fuck off. what about the fashion labels that use profanities as a marketing ploy will kids get fined for wearing clothes from supre?

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Learn to swear in different languages.

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Good idea Botanika, I can't see how this is gonna work, will they issue a list of words that you aren't allowed to say?

What if new words enter the lexicon?

Will it be the way you say what you say?

What if you say non-swear words with the nuances you normally give swear words?

Seems ridiculous....

Peace.

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Good idea Botanika, I can't see how this is gonna work, will they issue a list of words that you aren't allowed to say?

What if new words enter the lexicon?

Will it be the way you say what you say?

What if you say non-swear words with the nuances you normally give swear words?

Seems ridiculous....

Peace.

 

My guess is defining 'nuisance' is a difficult thing to prove and charge objectively, whereas if they have a list of concise words that instigate a fine, they can use it objectively. As the article points out, they will rely on the fact that most people will just pay the fine and not go to court.

Best bet is to swear in an aboriginal language. Otherwise do what they do on Neighbours: 'Rack Off Cop' the swear word is implied but not actually stated.

Definately rediculous because it can be abused so easily. I mean if there is a drunk guy on Queen st mall middle of the day shouting 'F*&kin C$#t' into the face of an innocent old lady, I think that should be dealt with...however if a couple of people are out having some harmless fun on a friday night and swear a little here and there I can see how some police would miss-use this power. Qld is such a boring place - I reckon they need more public nuisance ;)

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oh man i can just see the demonstrations now, fucking hell queenslanders! you gotta band together in the thousands, go to all the cop shops & tell them to FUCK OFF!!

Edited by paradox

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this has to be in direct violation of our civil liberties right? freedom of speech!

 

Unfortunately we don't have a constitution in Australia, we don't actually have any freedom of speech here, you can and will be charged for making verbal threats, right down to owning prohibited books. In the US you can freely order any book you want and can't be charged with it, they will however use it as evidence if you are caught doing something illegal and the books contents reflect your attempts to conspire said crime.

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we have a constitution, it kinda sets out the style of governance though, doesn't have anything like the US bill of rights

edit: hmmm according to wiki:

Some express rights were, however, included:

* Right to trial by jury – Section 80 creates a right to trial by jury for indictable offences against Commonwealth law. There are serious conceptual limitations to this right however, since the Commonwealth is free to make any offence, no matter how serious the punishment, triable otherwise than on indictment. As Justice Higgins said in R. v. Archdall & Roskruge; Ex parte Carrigan and Brown (1928) 41 CLR 128: "if there be an indictment, there must be a jury, but there is nothing to compel procedure by indictment". In practice, however, no major issue of abuse of this loophole has been raised.

* Right to just compensation – Paragraph 51(xxxi) creates a right to just compensation for assets taken by the Commonwealth.

* Right to freedom of religion – Section 116 creates a limited right to freedom of religion, by prohibiting the Commonwealth (but not the states) from "making any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion." This section is based on the First Amendment of the U.S. Constitution, but is weaker in operation. As the states retain all powers they had as colonies before federation, except for those explicitly given to the Commonwealth, this section does not affect the states' powers to legislate on religion, and, in accordance with High Court interpretations, no Federal legislation on religion, short of establishing an official religion of Australia, would be limited by it either.

* Right to freedom from discrimination against out-of-State residents -Section 117 prohibits disability or discrimination in one state against the resident of another state. This is interpreted widely (Street v Queensland Bar Association), but does not prohibit states from imposing residential requirements where they are required by the State's autonomy and its responsibility to its people.

Edited by ThunderIdeal

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A friend of mine works at the call centre at sper, aka the State Penalties Enforcement Registry in the Queensland government.

What is SPER?

The State Penalties Enforcement Registry (SPER) is responsible for the collection and enforcement of unpaid infringement notice fines and court ordered monetary fines issued in Queensland.

The most common infringement notice fines come from tickets issued either through the post, or "on the spot". These include parking and speeding tickets. It's important to keep your current address updated on your licence, as often the last known address shown on your licence will be the address the original infringement notice is posted to. This can be your only opportunity to finalise the fine before it is registered with SPER for enforcement.

Court ordered fines can be issued from any Supreme, District or Magistrates Court in Queensland, and can be for a variety of different offences, for example, drink driving, stealing or fraud. If you are in Court when the Magistrate or Judge gives you a fine, you should make arrangements to pay it before leaving the precincts of the Court.

Here.

Mmm... Needless to say the staff at sper are probably not looking forward to this one. My mate is under the impression that this will potentially up the call volumes... and you can bet the language in those calls is going to be colourful.

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No constitution on earth affords anyone any rights, they are understood to be innate. So tell the cops to get fuked, it's your god-given right. Doesn't matter what they have on thier piece of paper, halfwitted thugs they are...

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what the fuck!?!??!?! :blink: :blink:

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They can go forth and perform fellatio on my genitalia.

  • Like 1

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They can go forth and perform fellatio on my genitalia.

 

absolutely dude, you said it right there. hah. just view this as an opportunity to flex your vocab. use that squishy stuff in your skull and say what you want to say, just in a slightly different way to how you'd normally say it.

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Just more revenue raising male bovine fecal matter by another broke state government trying to top up the coffers & direct public attention away from other issues, not much we can do about it :BANGHEAD2:

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assuming ... eh, 150 per offence, they owe me 6 times that.

or perhaps they can swear at schoolkids, but can't handle it themselves :D

I like how they can tase someone and it's "non violent" but if you say "poo" near them, it's just SO traumatising they need a lie down and a week off.

poor things.

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