Fighting/Resisting Police

Question 1

Elements of Fighting in a Public place?

Answer 1

Fights

In a public place

Question 2

Outline how you would deal with two people fighting in a public place.

Answer 2

Use initial action

VAWSEEPO

Question 3

Understand and apply the following term a to situation:

− disorderly

Answer 3

At 2200 on a residential street, Calling for two hours for cats, affecting residents’ sleep and quiet time.

Question 4

Understand and apply the following term a to situation:

− offensive

Answer 4

During a ANZAC day Parade a Group of youths yelling “Seig Heil” and doing Nazi salutes.

Question 5

Understand and apply the following term a to situation:

− riotous

Answer 5

At 0200 in a residential area a drunken party with screaming, yelling and fighting and throwing bottles towards parked cars.

Question 6

Understand and apply the following term a to situation:

− threatens

Answer 6

At a bar a drunken person being removed by

security and yelling to the Duty Manager “I’m going to smash you”.

Question 7

Understand and apply the following term a to situation:

− alarms

Answer 7

Causing alarm to other people at there may be acts of violence.

Question 8

Understand and apply the following term a to situation:

− insults

Answer 8

Near a Church a person standing outside, using a megaphone to scream sentences that are insulting to that religion.

Question 9

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

Answer 9

This rule is the overriding determinant of whether police

intervention is warranted or not.

Question 10

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

Answer 10

You can arrest under section 39(2) of the Summary Offences Act 1981. Use discretion where nessacery.

Question 11

How can the principles of Prevention First be applied to fighting and behaviour offences?

Answer 11

Use discretion so that people who may have made a mistake can avoid having any charges agains them.

Question 12

What defence is available to persons charged under:

− section 32(1)?

Answer 12

Section 32(2) provides a statutory defence that the offender had reasonable grounds for believing they would not be observed.

Question 13

What are the elements of the offence resisting?

Answer 13

Resists

OR
Incites or encourages any other person to resist

Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Question 14

What are the elements of the offence obstruction?

Answer 14

Intentionally obstructs

OR
Incites or encourages any other person to obstruct

Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Question 15

Define the following term:

− resists

Answer 15

– requires some degree of force by the offender.

Question 16

Define the following term:

− intentionally obstructs

Answer 16

deliberately making it more difficult for a person to carry out their duties.

Question 17

Define the following term:

− incites or encourages

Answer 17

urge or persuade someone to make it more difficult for the person to carry out their duties.

Question 18

Define the following term:

− acting in the execution of their duty

Answer 18

the person must have been lawfully exercising their powers.