Fighting in a Public Place

Question 1

The offence of fighting in a public place can only be committed when:

Answer 1

It involves to or more people

They are willing: That is, no party is a victim

People are ‘fighting’

The fight takes place in a public place

Question 2

Define ‘Fights’:

Answer 2

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

Question 3

Define ‘In a Public Place’:

Answer 3

A place that, at any material time,

is open to or 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 a vehicle that is in a public place.

Question 4

What is the act and section for Fighting in a public place?

Answer 4

Summary Offences Act 1981, Section 7

Question 5

What is the procedure for dealing with a fight?

Answer 5

Separate the parties involved

Interview each out of hearing of the other to get an explanation of the offence

Check for independent witnesses

Note the physical and mental state of each (sobriety etc)