OF07 Disorderly/ offensive behavior

Question 1

What are the elements for disorderly manner?

Answer 1

In a public place

OR

Within view of a public place

Behaves in a disorderly manner

Question 2

What are the elements for offensive behaviour?

Answer 2

In a public place

OR

Within view of a public place

Behaves in an offensive manner

Question 3

In a public place; proven by

Answer 3

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 4

Within view of a public place; proven by

Answer 4

Within view of 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 a public place

Question 5

Behaves in an offensive manner; proven by

Answer 5

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

Question 6

Behaves in a disorderly manner; proven by

Answer 6

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

Question 7

What are the elements for excreting in a public place?

Answer 7

Urinates or defecates

In any public place

Question 8

What are arrest powers for excreting in a public place?

Answer 8

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

You cannot arrest unless the act is seen by a constable and the offender fails to give their name and address on demand.

You arrest for the offence seen being committed (excreting in a public place).

If they give name and address, you cannot arrest them.

Question 9

When dealing with behaviour offences, the Courts have told Police to apply the time, place and circumstances rule. What is the rule?

Answer 9

They must ask themselves whether the behaviour is of a type that could be reasonably expected at that time, place and circumstance. For instance, someone using the word “Fuck” in every sentence in a rough bar would be looked at completely differently than if the
word was frequently used during a Council meeting.

Question 10

What is a statutory defence under section 32(2) of the Summary Offences Act 1981 for a person found urinating in a public place?

Answer 10

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

Question 11

Identify the time frames for which someone may be held for breaching the peace;

Answer 11

2 hours