Offences: Fighting And Disorderly Offences

Question 1

Define Public Place

Answer 1

• 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 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.
• Any aircraft, hovercraft, ship or ferry or other vessel, train or vehicle which is in a public place.

Question 2

What are the ELEMENTS for fighting in a public place?

Summary Offences Act 1981, Section 7

Answer 2

1. Fights

2. In a public place

Question 3

Define “Fights”

Answer 3

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

Question 4

What are the ELEMENTS of Disorderly Behaviour Likely to Cause Violence?
Summary Offences Act 1981, section 3

Answer 4

1. In a public place -OR- within view of a public place,
2. Behaves in -OR- Invites or encourages any person to behave in,
3. A riotous manner -OR- An offensive manner -OR- A threatening manner -OR- An insulting manner -OR- a disorderly manner
4. That is likely, in the circumstances, to cause violence against person or property to start or continue.

Question 5

What are the ELEMENTS for Offensive OR Disorderly Behaviour?

Summary Offences Act 1981, Section 4(1)(a)

Answer 5

1. In a public place -OR- within view of a public place,

2. Behaves in an offensive manner -OR- behaves in a disorderly manner

Question 6

What are the ELEMENTS for Excreting in a Public Place?

Summary Offences Act 1981, Section 32(1)

Answer 6

1. Urinates or defecates

2. In any public place

Question 7

What are the ELEMENTS for resisting Police?

Summary Offences Act 1981, Section 23(a)

Answer 7

1. Resists (with some degree of force) -OR- Incites or encourages any other person to resist
2. Any constable or authorised officer or prison officer acting in the execution of their duty

Question 8

What are the ELEMENTS for Obstruction (resisting police)

Summary Offences Act 1981, Section 23(a)

Answer 8

1. Intentionally obstructs (makes it more difficult for a person to carry out their duties) -OR- Incites or encourages any other person to obstruct,
2. Any constable or authorised officer or prison officer acting the execution of their duty.

Question 9

Define “offensive manner”

Answer 9

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

Question 10

Define “a threatening manner”

Answer 10

Displays an intention to punish or hurt

Question 11

Define “an insulting manner”

Answer 11

Behaviour that insults or seriously annoys

Question 12

Define “a disorderly manner”

Answer 12

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