OF07 - FIGHTING/DISORDER OFFENCES AND RESISTING/OBSTRUCTION

Question 1

2 elements of Fighting in a Public Place

SOA S7

Answer 1

SOA S7

1. FIGHTS
   punching, striking etc between 2+ willing people
2. IN A PUBLIC PLACE

Question 2

2 elements of Offensive or Disorderly Behaviour

SOA S4(1)(a)

Answer 2

SOA S4(1)(a)

1. IN A PUBLIC PLACE/WITHIN VIEW OF PUBLIC PLACE
2. BEHAVES IN AN OFFENSIVE/DISORDERLY MANNER
   in a manner arousing feelings of anger, resentment or disgust/seriously disruptive manner that causes disturbance to public order

Question 3

Time, place, circumstance rule

Answer 3

Applied to each and every incident, consider the time, lace and circumstance of the incident and use your discretion when deciding on an offence.

Question 4

Describe fights;

Answer 4

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

Question 5

Describe public place;

Answer 5

A place that, at any material time, is open to or being used by the public, free or at charge.

The owner/occupier is legally entitled to, at any time, exclude to eject anyone from that place.

Includes aircraft, ship, train, bus and interior of a vehicle if in a public place.

Question 6

2 elements for Resisting police;

SOA S23(a)

Answer 6

SOA S23(a)

1. RESISTS/INCITIES OR ENCOURAGES ANY OTHER PERSON TO RESIST
   requires some degree of force by the offender/urge or persuade any other person to use some degree of force.
2. ANY CONSTABLE/AUTHORISED OFFICER/TRAFFIC OFFICER ACTING IN EXECUTION OF THEIR DUTY
   person must be exercising their lawful powers

Question 7

2 elements for Obstruction (resisting police);

SOA S23(a)

Answer 7

SOA S23(a)

1. INTENTIONALLY OBSTRUCTS/INCITES OR ENCOURAGES ANY OTHER PERSON TO OBSTRUCT
   deliberately making it difficult/urge or persuade any other person to make it more difficult to carry out their duties
2. ANY CONSTABLE/AUTHORISED OFFICER/TRAFFIC OFFICER ACTING IN EXECUTION OF THEIR DUTY
   person must be exercising their lawful powers