Language Offences

Question 1

Understand and apply the following terms to situations:

Obscene:

Answer 1

Obscene: Used in a lewd sense with reference to sexual acts or organs.

Question 2

What defences are available to persons charged under Section 4(2) – uses indecent or obscene words in/within hearing of a public place?

Answer 2

The defendant believed their words would not be overheard.

Question 3

With language offenses, What is the importance of time, place and circumstances factors?

Answer 3

Time, place and circumstances will determine whether discretion can or cannot be used.

Question 4

What powers do you have to deal with language offences?

Answer 4

You can arrest under section 39(1) of the Summary Offences Act 1981, subject to the police officer’s discretion.

Question 5

Understand and apply the following terms to situations:

Indecent:

Answer 5

Indecent: Seriously repugnant (distasteful) to an average person’s decency or propriety.