0F07: Public Place And Fighting Flashcards
Public place definition
A place that is used by the public, as well as vehicles. If someone
A place at any material time
Any place at any given time
2 Elements of Fighting in a public place
- Fights
- In a public place
Fighting
Punching, striking, mauling, wrestling, etc between 2 or more WILLING participants
Fighting vs assault
Need evidence to see if one person is actually trying to defend them selves
Behaves in an offensive manner
Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order.
Someone in their own property jerking off, words, nazi stickers
Behaves in a disorderly manner
Behaves in a seriously disruptive manner that causes a disturbance to public order.
Actions, throwing something, a guy saying come and take me on
Offensive/ disorderly behaviour
In a public place OR within view of a public place.
Disorderly behaviour likely to cause violence.
This is a more serious offence than s4(1)(a) reflecting that is has or may cause violence.
Someone wanting to fight
Disorderly assembly
Group situations. Where 3 or more persons are gathered in a manner that others believe violence or disorder is about to occur.
Gangs.
Is wearing a patch allowed in government premises?
No
Summary offences act section 32(1)
Excreting in a public place
Time place circumstance
Power of arrest under section 39(2)
You cannot arrest unless the act is seen by a constable and the offender fails to give their name and address on demand.
Time place circumstance
Resists OR incites or encourages any other person to resist
Any constables or authorised officer or prison officer or traffic officer acting in the execution of their duty.
Resist
Shrugging, pushing trying to get away
