Is Begging A Crime?
In Australia, the act of begging in public spaces may constitute a criminal offence. Begging is defined as the act of asking for financial or material aid from the public, with no expectation of providing goods or services in return. This includes requesting monetary donations in public areas such as train stations, parks, and shopping centres. It’s considered breaking the law to be begging in a public area.
In Queensland, begging in a public place is considered an offence under the Summary Offences Act 2005. It does not apply to an individual authorised by a registered charity to solicit donations, or a busker with a permit from local authorities to perform in a public place.
Below we outline the offence of begging in public spaces as well as what the police must prove, penalties you may face if found guilty of this crime, and legal defences.
For information and advice specific to your matter, it’s recommended you speak with a criminal defence lawyer as soon as possible. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.
What the law says
Sections 7 of the Summary Offences Act Queensland states:
- A person must not –
- (a) beg for money or goods in a public place
- (b) cause, procure or encourage a child to beg for money or goods in a public place; or
- (c) solicit donations of money or goods in a public place.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused
- (a) Begged for money or goods in a public place; or
- (b) Caused, procured or encouraged a child to beg for money or goods in a public place; or
- (c) Solicited donations of money or goods in a public place.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum penalty
The Maximum penalty for the offence of Begging in a Public Place is 10 penalty units or 6 months imprisonment.
Which court will hear the matter
This matter is simple offence which means it is dealt with in the Magistrates Court.
Possible defences
Possible defences to this offence include but are not limited to
- Identification i.e. not the accused.
- The behaviour was not in a public place.
- The accused was an individual authorised by a charity registered under the Collections Act 1966 to solicit donations for charity.
- The accused was authorised by the local government to busk in a public place.
- The accused enable or facilitate a child to beg for money or goods.
The Criminal Lawyers at Potts Lawyers have the experience necessary to deal with begging in public spaces charges and other criminal charges. Contact us for more information about how we can defend you.