Defining Public Place - Private Car Parks without gates Communal Areas in Flats

[jhak]

Two points here for discussion, which have always confused me.  Any help here would be appreciated.

1.  If there is a carpark belonging to the residents of block of flats, but there is no gate to this carpark, meaning the public have ready access to it, it is classed as a public place?

If there had of been a gate, then it would be private, am I right? 

2.  If a block of flats has an intercom/lock on the communal door, does this make the communal areas inside a private place?

If there is no intercom, or the door is left open, or the trade button is in operation meaning the public have ready access to the communal area, does this make the communal area a public place?

Just trying to get my head round this, as would be important if a resident was seen to leave his flat and walk around the communal area with an off weap., if it was deemed to be a private area what action could you take against him?

[doilum2003]

My understanding is you are correct with the first one. There has to be some sort of barrier for the purposes of the RTA to take it away from the 'other public place' arena.

The second one is a funny one. The stairwell and hallways etc would remain a 'public place' for the purposes of public order etc. If someone was to enter said area by breaking down the communal door and steal something from the hallway my understanding is that it would be damage and theft as opposed to burglary. I could be wrong though, my wife tells me that frequently.

[jhak]

Thanks for replying D.

Please can someone else share their knowledge on this one?  Especially whether or not the carpark next to or behind a private block of flats would be deemed as a public place for the purposes of possession of an offensive weapon and the road traffic act.

Any ideas please?

[Rusty99]

Have a read of Cutter v Eagle Star for Road

http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd981022/clarke01.htm
or
http://mle.ncalt.com/MLE/data/PL_LGL_NLD_01_02/D716.asp


For a block of flats, this is an interesting one as it concerns a Sec 136

http://www.worcestershirehealth.nhs.uk/SWPCT_Library/Policies_and_Procedures/MENTAL_HEALTH/MENTALLY%20DISORDERED%20PERSONS%20FOUND%20IN%20PUBLIC%20PLACES.pdf

There are loads if you Google it......

[jhak]

Thanks Rusty.  Makes for very interesting reading.