Flashcards in Behavior Offences Deck (10)
What are the Elements of Fighting in a Public Place?
In a public place
What are the elements of offensive or disorderly behaviour?
In a public place OR within view of a public place
Behaves in an offensive manner OR behaves in a disorderly manner
Explain disorderly likely to cause violence...
Situations where the behaviour is of a nature that has caused, or may cause violence against persons or property.
The behaviour is described in a offensive, riotous manner, threatening, insulting or disorderly behaviour.
Explain disorderly assembly
Group situations where 3 or more persons are gathered in such a manner that others who are present fear violence or disorder is about to occur.
This section is particularly handy when police are confronted by rival factions or gangs, and even street kids.
How would you deal with people fighting in a public place?
Seperate parties involved
Interview each of the parties, hearing them out and attempting to revive an explanation for their actions.
Check for witnesses
Note the physical and mental state of the participants, like their level of sobriety
What defence is available for persons charged with section 32(1)?
When the offender believes on reasonable grounds that he would not be observed.
What is the importance of the time, place and circumstance factor?
This rule is the overriding determinant of whether police intervention is warranted or not
What powers do you have to deal with these disorder offences?
Section 39(1) and 39(2) of the Summary of Offences Act 1981
39(2) you cannot arrest for deification unless the act is seen and they fail to give their particulars.
Define public place
At any material time, that place, is open to, or is being used by the public.