OF07 Behavioural Offences Flashcards
What are the factors of a public place?
A place at a material time (any given time) is;
Open to or being used by the public
Whether free or on payment of a charge
And whether any owner/occupier of the place is lawfully entitled to exclude or eject that person from that place
includes any ship, vehicle, train, aircraft that is carrying or available to carry passengers for reward
and includes the interior of any vehicle which is in a public place
What are the elements of fighting in a public place?
Fights
In a public place
Explain how fighting is proven.
Two or more willing participants, striking kicking etc
What are the elements of Offensive Behaviour?
In a public place
OR
Within view of a public place
Behaves in an offensive manner (a manner that arouses feeling of disgust, anger, resentment from others)
What are the elements of Disorderly behaviour?
In a public place
OR
Within view of a public place
Behaves in a disorderly manner (disruptive or disturbing)
What to remember when analysing disorderly/offensive offences?
The time, place and circumstance rule and use your discretion.
What are the elements of excreting in a public place?
Urinates
OR
Defecates
In any public place
In what circumstances can you arrest for excreting in a public place?
If the constable has seen the act and the suspect refuses to give name and address.
What are the elements of Resisting Police?
Resists (force)
OR
Incites or encourages any other person to resist
Any constable acting in the execution of their duty (lawful)
What are the elements of Obstructing Police?
Intentionally obstructs (making it more difficult) OR Incites or encourages any other person to obstruct
A constable acting in the execution of their duty
Can you arrest for resisting or obstructing police?
Yes, Section 39 of the Summary of Offences Act 1981
What are five examples of obstructing the Police?
Physical obstruction
Delaying of Police
Warning persons of Police approaching
Refusing to obey lawful instructions
Telling untruths
