OF07 Behavioural Offences

Question 1

Elements of ‘Fighting in a public place’

Answer 1

Question 2

Define ‘public place’

Answer 2

• 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 that person from that place…
• And includes any aircraft, ship, train, vehicle…
• That is carrying or available to carry passengers for reward
• And includes the interior of any vehicle which is in a public place

Question 3

Why is knowing the definition of public place relevant?

Answer 3

Many offences occur only “in a public place” which is why it is important to know the definition of this.

(e.g. whether it’s on private vs public property)

Question 4

What is the time, place, circumstances rule?

Answer 4

A rule imposed on Police by the courts to consider these factors (time, place, circumstances) before deciding on court action.

What is acceptable in one setting/time may not be acceptable at another setting/time.

Question 5

Elements of ‘Offensive behaviour’?

Answer 5

Question 6

Difference between offensive and disorderly behaviour

Answer 6

Offensive - behaves in a manner arousing feelings of anger, resentment or digust that causes a disturbance to public order

Disorderly - behaves in a seriously disruptive manner that causes a disturbance to public order

Question 7

Three other related offenses

Answer 7

1. Disorderly behaviour likely to cause violence - likely to cause victims to react in a violent way
2. Disorderly assembly - group situations with three or more person are gathered in a manner that others who are present fear violence or disorder is about to occur (e.g. two opposing gang factions squaring off)
3. Prohibition of gang insignia in Government premises

Question 8

Elements of ‘Resisting Police’

Answer 8

Question 9

Elements of ‘Obstruction’

Answer 9

Question 10

When do offences resisting police OR obstruction generally occur?

Answer 10

• When making an arrest (offender resists)
• Making enquiries into an offence and someone hampers/obstructs police resulting in difficulty and delays carrying out their duties
• Denied the right to exercise specific power of search

Question 11

Difference between resisting and obstructing?

Answer 11

Resisting - requires some degree of force by the offender or inciting another person to use some degree of force

Obstruction - deliberately making it more difficult for a person to carry out their duties (or inciting any other person to do the same)

Question 12

Elements of ‘Disorderly behaviour’?

Answer 12