OF07: Public Place - Fighting and Disorder Flashcards
What is the definition of a public place?
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 that person from that place, and includes any: Aircraft, hovercraft, ship, ferry or other vessel, train or vehicle that is carrying or able to carry passengers for a reward, and includes the interior of any vehicle which is in a public place.
What is the elements for ‘Fighting in a public place’
-Fighting (fighting is punching, striking, mauling, wrestling etc between two or more willing participants)
-In a public place:
A place that, at any material time, is open to or is used by the public, whether free or on payment of a charge, and whether any owner or occupier of that place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship, ferry, other vessel, train or vehicle which is carrying or able to carry passengers for a reward. Also includes the interior of a vehicle that is in a public place.
What is the elements for ‘Fighting in a public place’
-Fighting (fighting is punching, striking, mauling, wrestling etc between two or more willing participants)
-In a public place:
A place that, at any material time, is open to or is used by the public, whether free or on payment of a charge, and whether any owner or occupier of that place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship, ferry, other vessel, train or vehicle which is carrying or able to carry passengers for a reward. Also includes the interior of a vehicle that is in a public place.
What are the elements for ‘Offensive or Disorderly Behaviour’
- In a public place OR within view of a public place
- behaves in an offensive manner OR behaves in a disorderly manner
What act and section is the offence ‘offensive or disorderly behaviour’?
Summary Offences Act 1981 section 4(1)(a)
What is contained in section 3 of the Summary Offences Act 1981?
This section covers situations where the offensive or disorderly behaviour of of a nature that is may cause or has cause violence against persons or property to start or continue.
This behaviour is described as offensive, riotous, threatening, insulting and disorderly behaviour.
What is contained in section 5 of the Summary Offences Act 1981?
Section 5 deals with group situations where 3 or more persons are gathered in such a manner that others who are present fear violence or disorder is about to occur.
What does section 32(1) of the Summary Offences Act 1981 cover?
This section is aimed at persons being seen urinating or defecating in a public place other than a toilet
What is contained is section 32(2) of the Summary Offences Act 1981?
This section includes a statutory defence that the defender had reasonable grounds for believing they would not be observed.
Where does the power of arrest come for section 31(1) Urinating or dedicating in a public place?
Section 39(2) of the Summary Offences Act 1981 contains the power of arrest and you can not arrest unless the act is seen by a constable and the offender fails to give his name and address on demand.
What is offensive behaviour?
Behaving in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order
What is meant by disorderly behaviour?
Behaves in a seriously disruptive manner that causes a disturbance to public oder
