Public place, Fighting and disorder offences. Flashcards
Define public place
A place at the material time is open to public 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 that person from that place, and includes any aircraft,hovercraft,ship,ferry,train or vehicle that is carrying passengers or avilible to carry passengers for reward and includes the interior of any vehicle which is in a public place.
What are the elements of fighting in a public place
Fights
In a public place
What act and section Does fights ina public place fall under
Summary offenses act 1981 section 7
Procedure for dealing with a fight
Separate the parties
Interview each out of hearing of each other and obtain an explanation
Check for independent witnesses
Note the physical and mental state of the participants; for example their level of sobriety
What are the elements of disorderly behaviour likely to cause violence
In a public place OR within view of a public place
Behaves in OR incites or encourages any person to behave in
A rioutous manner OR An Offensive behaviour OR a threatening behaviour OR an insulting manner OR a disorderly behaviour
That is likely to cause violence against persons or property to start or continue
Under which section and act does Disorderly behaviour likely to cause violence fall under
Summary offences act 1981 section 3
What are the elements of offensive or disordely behaviour?
In a public place OR within a view of a public place
Behaves in an offensive manner OR behaves in a disordely manner
Under which section does offensive or disorderly behaviour fall under
Summary offense act section 4 (1)(a)
What defence is availible to persons charged under 32(1)(a)
The offender has reasonable grounds for believing they would not be observed.
What is your power of arrest?
Summary offense act 1981 section 39
