Assault Flashcards
Consent can be…
Implied - not specifically given but allowed (ie tap in shoulder to get someone’s attention)
Invalid - specifically given but not valid (ie child too young to understand what they are consenting to)
Not required - when use of force is lawful (ie arresting someone or in self defence)
Definition of assault
Meaning of assault: ‘An assault is any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence’
Definition: ‘it is an offence for any person to unlawfully assault or beat another’
S.39 Criminal justice act 1988
Says it is a summary offence and occurs when there is no consent.
Definition of battery
Is where a person intentionally or recklessly applies unlawful force to another person
S39 criminal justice act 1988 states that battery is a Summary offence
Definition of Assault occasioning actual bodily harm (ABH)
Actual bodily harm means any harm which interferes with the health or comfort of the victim
S47 offences against the person act 1861
It is an offence ‘to assault any person thereby occasioning them actual bodily harm’
Definition of racially or religiously aggravated assaults
A person is guilty of an offence under section 29 of the crime and disorder act 1988 if they commit an offence of common assault or assault occasioning actual bodily harm whichever is racially or religiously aggravated.
Definition of assault on a police officer
It is an offence for any person to assault a constable whilst in the execution of his duty or a person assisting him.
S89(1) police act 1996
Note: you cannot attempt to commit this offence
Definition of obstructing of a police officer
It is an offence for any person to resist it wilfully obstruct:
A police officer acting in the execution if his duty or
Any person assisting him
S89(2) police act 1996
Note: You cannot attempt to commit this offence
Definition of obstructing or hindering an emergency worker
A person who without reasonable excuse, obstructs or hinders another while that other person is, in a capacity mentioned in subsection 2, responding to emergency circumstances, commits an offence.
S1 emergency workers act 2006
Subsection 2 defines an emergency worker as firefighter, ambulance, those transporting blood, organs, personnel or equipment on behalf of NHS, coastguard, lifeboat crews.
(It does not cover police or prison officers)
Definition Of Obstructing or hindering persons assisting emergency workers.
A person who without reasonable excuse, obstructs or hinders another in the circumstances described below commits an offence.
S2 emergency workers act 2006
‘Another’ persons include:
Voluntary and other organisations
Individuals such as first aiders helping at an incident
Those directing traffic to allow emergency workers to deal with the incident
Definition of GBH
S20 offences against the person act 1861.
‘Whoever shall unlawfully and maliciously wound or inflict any grevious bodily harm upon any other person either with or without any weapon or instrument, shall be guilty of an offence’
