Summary Offences Flashcards
Define loiter
Loiter - to idle or linger about
Define undue noise
undue noise - means any noise that causes unreasonable distress, annoyance or irritation to any person by reason of its level, or character, or the time at which it is made
Define public place
Public place
a) every place the public are permitted free access, with the express or tacit consent of the owner or occupier; and
b) every place the public are admitted on payment of money, the test of admittance being the payment of money only; and
c) every road, street, footway, court, alley or thoroughfare which the public are allowed use, notwithstanding the road, street, footway, court, alley of thoroughfare may be formed on private property
S47 of the SOA Offensive conduct (RODIBFOL)
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Section 47 of SOA – Offensive, &c., Conduct (RODIBFOL)
a) of any RIOTIOUS, OFFENSIVE, DISORDERLY OR INDECENT BEHAVIOUR, or of FIGHTING, or using OBSCENE LANGUAGE, in or within the HEARING OR VIEW of ANY PERSON in any road, street, thoroughfare or public place;
b) of disturbing the PUBLIC PEACE;
c) of any RIOTOUS, OFFENSIVE, DISORDERLY, or INDECENT BEHAVIOUR in ANY POLICE STATION;
d) of OFFENSIVE BEHAVIOUR in or about a dwelling house, dressing room, training-shed or clubhouse;
e) of unreasonably causing SUBSTANTIAL ANNOYANCE to another person; or
f) of unreasonably DISRUPTING THE PRIVACY of ANOTHER PERSON.
Section 47A of SOA – Loitering General Offence: (Fill in the Blanks)
1) A person LOITERING in ANY PUBLIC PLACE who does not GIVE A SATISAFACTORY ACCOUNT OF HIMSELF when REQUESTED so to do by a member of the Police Force shall, on request by a member of the Police Force to cease loitering, CEASE SO TO LOITER.
2) Where a person is loitering in a public place and a member of the Police Force BELIEVES ON REASONABLE GROUNDS
a) that an offence has been or is likely to be committed; or
b) that the movement of PEDESTRIAN OR VEHICULAR TRAFFIC is obstructed or is about to be obstructed,
by that person or by any other person loitering in the vicinity of that person;
c) that the SAFETY of the person or any person in his VICINITY is in danger; or
d) that the person is INTERFERING with the REASONABLE ENJOYMENT of other persons using the public place for the purpose or purposes for which it was intended.
The member of the Police Force may require any person so loitering to cease loitering and to remove from that public place ANY ARTICLE UNDER HIS CONTROL, and a person so required shall comply with and shall not contravene the requirement.
S49A of the SOA
Illegal use of vehicle
Points of proof
Any person
Without reasonable excuse
Interferes with or tampers with
any vehicle,
or works or uses any horse or other beast of burden, or interferes with, tampers with, or goes on board a boat
Without the consent of the owner or person in lawful charge thereof
S53A undue noise at social gatherings after midnight
FILL IN THE BLANKS
A member of the police force may, IN RESPONSE TO A COMPLAINT from a person that undue noise is coming from any premises or part of a premises where a SOCIAL GATHERING is being held, where a COMPLAINT in respect of noise made AFTER MIDNIGHT ON ANY NIGHT and where he considers that SUCH NOISE constitutes undue noise, direct:
a) the person who is the OCCUPIER of the premises or part of the premises, or
b) if that person can’t be ascertained, the person RESPONSIBLE FOR THE NOISE or in CHARGE OF THE PROPERTY producing the noise,
To STOP or ABATE the noise
S53A undue noise at social gatherings after midnight
how long does somebody have to stop or abate the noise and
how long does the order to stop or abate the noise last
the person has 10 min to stop or abate the noise
the order is in place for a period of 12 hours
Section 53B of SOA – Undue Noise:
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Section 53B of SOA – Undue Noise: (when it becomes undue noise and how long the instruction lasts) – undue noise at social gathering and undue noise.
(1) A member of the Police Force may, in RESPONSE TO A COMPLAINT from a person that UNDUE NOISE is coming from any PREMISES OR PART OF PREMISES and where he CONSIDERS THAT SUCH NOISE CONSTITUTES UNDUE NOISE, direct:
(a) the person MAKING OR CAUSING or PERMITTING the noise to be made; or
(b) the person apparently at the time in CHARGE of the premises or part of the premises, as the case may be,
to STOP or ABATE the NOISE.
(2) A member of the Police Force may, in response to a complaint from a person that undue noise is coming from any unoccupied land and where he considers that such noise constitutes undue noise, direct the person making the noise or causing or permitting the noise to be made to stop or abate the noise.
(2A) A direction under subsection (1) or (2):
(a) may be given by reference to a period of hours during which, or specific times when, the noise is to be stopped or abated; and
(b) in any event, shall remain in force for NOT MORE THAN 48 HOURS.
(3) A person who has been directed under subsection (1) or (2) to stop or abate undue noise and who, other than during the period of 10minutes immediately after being so directed:
(a) continues to make the noise or continues to cause or permit the noise to be made; or
(b) does not abate the noise,
In contravention of the direction is guilty of an offence.
Section 53E of SOA – Powers of Police:
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(1) For the purposes of giving a direction under section 53A or 53B, a member of the Police Force may enter the premises or the part of the premises from which the noise is coming together with such ASSISTANCES and USING SUCH FORCE as the MEMBER CONSIDERS REASONABLE FOR THE PURPOSE.
(2) A member of the Police Force who enters premises or a part of premises under this section may require a person in the premises or the part to ANSWER A QUESTION asked for the purpose of IDENTIFYING THE OCCUPIER of the premises or the part or the person RESPONSIBLE for the noise OR IN CHARGE OF THE PROPERTY THAT IS PRODUCING THE NOISE.
(3) A person asked a question under subsection (2) shall not refuse or fail to answer the question to the best of his knowledge or belief.
Section 75A of SOA – Dangerous Dogs:
explain in your own words
(2) The owner of a dog that:
(a) attacks a person or animal; or
(b) menaces a person or animal,
is guilty of an offence.
(3) It is a defence to a prosecution for an offence against subsection (2) if the owner of the dog proves that:
(a) a person had, without the owner’s permission, enticed the dog to attack or menace the person or animal;
(b) the animal attacked or menaced was attacked or menaced on premises owned or occupied by the owner; or
(c) the person attacked or menaced was attacked or menaced on premises owned or occupied by the owner and the person:
(i) was on the premises for an illegal purpose; or
(ii) was attacked or menaced other than when proceeding by the shortest practical route from a boundary of the premises to the door of the premises closest to the boundary or from the door to the boundary
Section 75A of SOA – Dangerous Dogs:
sub para 6 explain points of proof style
(6) Where a member of the Police Force
believes on reasonable grounds,
that a dog
has or may cause serious injury to a person or animal,
may seize, impound or destroy the dog
and may enter any land (including land that is not open to or used by the public)
with or without the consent of the occupier or owner, or a warrant.
