Public Place

Question 1

Definition of a public place

Answer 1

A place that at any material time, is open to or being used by the public, whether free or on a payment of charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject that person from that place ; includes aircraft, hovercraft, ship, ferry, other vessel, train, vehicle carrying or available to carry passengers for reward
And includes the interior of any vehicle which is in a public place.

Question 2

Fighting in a public place elements

Answer 2

Fights - 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 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 aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward, also includes the interior of a vehicle that is in a public place.

Question 3

Offensive OR Disorderly behaviour

SOA 1981 section 4

Answer 3

In 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 any person from that place; may include 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.

OR

Within view of a public place - within view of a place that at any material time is open to or is being used by the public, whether free or on a payment of 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.

Behaves is an offensive manner - behaves in manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order.
OR
Behaves in a disorderly manner - Behaves in a seriously disruptive manner that causes a disturbance to public order