Summary of Offences Act 1981

Question 1

3

Answer 1

FDO 3: Disorderly behaviour likely to cause violence: Public place OR within view of, behaves in OR incites or encourages others to behave in, a riotious OR offensive OR threatening OR insulting OR disorderly manner, that is likely in circumstances to cause violence to people or property.

Question 2

4(1)(a)

Answer 2

FDO 4(1)(a): Offensive/Disorderly Behaviour: public place OR within view of, behaves in an offensive or disorderly manner.

Question 3

5A

Answer 3

FDO 5A: Disorderly assembly: 3 or more person, in public place, assemble or conduct in manner to cause in immediate vicinnity to fear on reasonable grounds, that those assembled will, use violence against persons or property

Question 4

7

Answer 4

FDO 7: Fighting in a public place; fights, in a public place - not an offence to fight in a private place - can both be charged with assault

Question 5

10B

Answer 5

CP 10B: Children Left Unaccompanied: being parent/guardian of a child under 14, leaves the child, without making reasonable provision for the supervision and care of the child, for a time that is unreasonable or under conditions that are unreasonable regarding all circumstances, is an offence.

Question 6

13A

Answer 6

POO 13A: In public place, without reasonable excuse, has any knife, in his or her possession

Question 7

23(a)

Answer 7

RSP 23(a): Resisiting police: resists OR incites or encourages.. (same as obstruction)

Question 8

27

Answer 8

SEX 27: Indecent Exposure;

In public place/view of public place,

INTENTIONALLY and OBSCENELY,

exposes any part of his or her genitals.

Question 9

32(2)

Answer 9

FDO 32(2): defence against 32(1)Excrete in public place that offender had reasonable grounds for believing they would not be observed.

Question 10

38(1)

Answer 10

AOP 38(1): alcohol on public transport; any person who, drinks/supples/offes to supply/ has possession for consumption THERE IN, alcohol, in or on any public transport. DOESNT APPLY IF TRANSPORT HAS LICENCE

Question 11

38(3)(a)

Answer 11

AOP 38(3)(a): Minor drinking in public place; 17-, who drinks, alcohol, in any public place, while not accompanied by their parent of legal guardian. ALCOHOL = 1.15% or more ethanol by volume thawed 20 degress cel

Question 12

38(3)(b)

Answer 12

AOP 38(3)(b): Minor possession alchol consumption; 17-, has in possession for consumption, any alcohol, in any public place, while not accompanied by their parent or legal guardian. COMSUMPTION = establish intent to drink. ONLY OFFENCE IF INTEND TO DRINK IN PUBLIC PLACE

Question 13

39(2)

Answer 13

POA 39(2): … WITHIN HIS VIEW does an act the constable believes is an offence against (above) sections: 17-20, 25, 32-38, AND fails to give name and address or gives false details.

Question 14

45

Answer 14

AOP 45: Power to seize alcohol and container. IF PERSON IS SIMPLY WARNED/CHARGE BUT NOT CONVICTED THEY ARE ENTITLED TO RETURN OF ALCOHOL

Question 15

39(1)

Answer 15

POA 39(1): … HE HAS GOOD CAUSE TO SUPECT of having committed an offence against this Act, except sections 17(Publishing false notice of birth, marriage, or death), 18(Imitation of court documents), 19(Imitation of offical documents), 20(False claim of qualifications), 25(Advertising reward for stolen property), 32(Excreting in public place), 33(Billsticking), 34(Throwing stones), 35(setting off or throwing fireworks), 36(lighting fires), 37(disturbing meetings), 38(Drinking in public place)

Question 16

What is the definition of ‘genitals’ in the Summary of Offences Act?

Answer 16

penis and testes of a male, vulva and vagina of a female - organ must be “exposed” or made visible

Question 17

What is the definition of a ‘public place’?

Answer 17

Public Place = A place that, at any material time, is open to or is being used by the public, whether for 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: Includes the interior of any vehicle which is in a public place

Question 18

What is the section, elements and POA for Preparing to Commit and Imprisionable Offence?

Answer 18

28

Found,
In any public place,
Behaving in a manner from which it can be reasonable inferred that the person is,
Preparing to commit an imprisonable offence

39(1)

Question 19

What is the only offence that you don’t need permission from the Courts to provide propensity evidence?

Answer 19

Section 28.

Preparing to Commit an Imprisionable Offence

Question 20

Does a second offence of preparing to commit an imprisonable offence that occurs within 12 months of the first offence carry a heavier penalty?

Answer 20

Yes.

Question 21

What is the rationale behind Section 28?

Answer 21

Section 28 allows police to intervene before an imprisonable offence is committed or attempted. It is therefore preventative and minimizes the effect on victims.

Question 22

What is the defence against section 27?

Answer 22

Had reasonable grounds for believing that they would not be observe

Question 23

What is the definition of ‘obscenely’ in the Summary of Offences Act?

Answer 23

Offends contemporary standards of propriety,

to the extent that a reasonable observer would regard it with,

“loathing, disgust and revulsion”.

Consideration must be given to time, place and circumstances.

Question 24

What is your power of arrest for section 27?

Answer 24

39(1)

Question 25

Definition of ‘alcohol’?

Answer 25

ALCOHOL = 1.15% or more ethanol by volume thawed 20 degress cel