Behaviour Offences.

Question 1

What are the Elements for Fighting in a Public Place?

Summary Offences Act 1981

Answer 1

Element:

Fights

In a public place.

Question 2

What are the Elements of Disorderly Behaviour Likely to Cause Violence?
Summary Offences Act 1981

Answer 2

In a public place:

OR

Within view of a public place

Behaves in

OR

Incites or encourages any person to behave in.

A riotous manner.

OR

An offensive manner.

OR

A threatening manner.

OR

An insulting manner.

OR

A disorderly manner.

That is likely, in the circumstances, to cause violence against persons or property to start or continue.

Question 3

What are the elements of Offensive OR Disorderly Behaviour?

Summary Offences Act 1981.

Answer 3

In a public place.

OR

Within view of a public place.

Element: Behaves in an offensive manner.

OR

Behaves in a disorderly manner.

Question 4

Under Section 5A of the Summary Offences Act, how many people need to gather for it to be considered a group?

Answer 4

3 or more

Question 5

How would you deal with two people fighting in a public place?

Answer 5

More often than not, by the time the police arrive at the scene, the actual fight has ceased. If the fight is still in progress, do the following:

• Separate the parties involved.
• Interview each out of hearing of the other and obtain an explanation for the offence.
• Check for independent witnesses.
• Note the physical and mental state of the participants; for example, their level of sobriety.

Question 6

What is the definition of Disorderly?

Answer 6

Behaves in a seriously disruptive manner that causes a disturbance to public order.

Question 7

What is the definition of Offensive?

Answer 7

Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order.

Question 8

What is the definition of Riotous?

Answer 8

Force or violence likely to cause harm.

Question 9

What is the definition of Threatens?

Answer 9

Displays an intention to punish or hurt.

Question 10

What is the definition of Insults?

Answer 10

Behaviour that insults or seriously annoys.

Question 11

What is the definition of Alarms?

Answer 11

Make someone feel frightened disturbed or in danger.

Question 12

What is the definition of obscene?

Answer 12

Offensive or disgusting by accepted standards of morality and decency.

Question 13

What is the definition of Indecent?

Answer 13

Not conforming with generally accepted standards of behaviour, especially in relation to sexual matters.

Question 14

What defence is available to persons charged under Section 32(1)

Answer 14

It is a defence in a prosecution under this section if the defendant proves that he had reasonable grounds for believing that he would not be observed.

Question 15

What is the importance of the time, place and circumstances factor?

Answer 15

The rule that must be applied to each and every incident is the ‘time, place and circumstances rule. The courts have instructed police to apply the rule before deciding on court action.

Example:
Offensive behaviour: Gardening and mowing the lawns naked when the person can be seen by neighbours, especially children.

Not offensive behaviour: Running naked in a wooded area of a bike park, at 0830hrs on a week day, with little chance of being seen by children.

Question 16

What powers do you have to deal with these disorder offences?

Answer 16

You have powers to arrest under the Summary Offences Act 1981, Section 39(1) And Section 39(2), Or if it is a minor offence you have the power to exercise your discretion.

Question 17

What is the Definition of Fighting?

Answer 17

Definition: Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants.

Question 18

What is the definition of Public Place?

Answer 18

Definition: A place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of any vehicle which is in a public place.

Question 19

What is the definition of “Behaves In”?

Answer 19

To act in a manner.

Question 20

What is the definition of “Incites or encourages any other person to behave in”?

Answer 20

Urge or persuade any other person to behave in a manner.

Question 21

What is the definition of “That is likely, in the circumstances, to cause violence against persons or property to start or continue”?

Summary Offences Act 1981

Answer 21

The circumstances are such that violence to person or property is likely to occur or continue because of the nature and magnitude of the behaviour.