Assault

Question 1

Common Assault

Answer 1

Threat of immediate violence - s39 Criminal Justice Act 1988

Question 2

Battery

Answer 2

Application of force to another but with minor, or no, injury - s39 Criminal Justice Act 1988

Question 3

Assault occasioning actual bodily harm (ABH)

Answer 3

s47 Offences Against the Person Act 1861 - application of force to another with more than trifling injury

Question 4

Wounding or inflicting grievous bodily harm

Answer 4

s20 Offences Against the Person Act 1861 - breaking all the layers of skin of another and inflicting really serious bodily harm, no application of force required

Question 5

Wounding or causing grievous bodily harm with intent to do so

Answer 5

s18 Offences Against the Person Act 1861 - breaking all the layers of skin/inflicting really serious bodily harm with specific intent to cause that level of injury, or alternatively with specific intent to resist or prevent an arrest.

Question 6

Consent

Answer 6

Defence to assault charge. Implied - applies to reasonable bodily contact, i.e nudging on public transport, contact during lawful sport. Explicit content - sometimes invalid. Valid for procedures such as tattoos or piercings, or for minor, transient harm, but invalid in other cases (such as inflicting GBH for sexual gratification)

Question 7

Lawful correction or reasonable chastisement of a child

Answer 7

Only a defence to battery - s58 Children Act 2004 removed availability of the defence in relation to more serious assault such as wounding, causing ABH or GBH.

Question 8

In execution of a legal right or duty

Answer 8

s117 PACE - may use reasonable force if necessary in the exercise of powers under PACE. s3 Criminal Law Act 1967 covers reasonable use of force in prevention of crime or in assisting lawful arrest.

Question 9

Self defence

Answer 9

A person may use such force as is reasonable in the circumstances for the purposes of defending themselves, another or property. Defence of themselves/another - must honestly believe force to be necessary, must be proportionate in circumstances, preemptive strike may be reasonable. Defence of property - Householders and the use of force against intruders - guidance (CPS and ACPO)

Question 10

Reasonable force

Answer 10

s76 Criminal Justice and Immigration Act 2008 - reasonableness of actions decided in accordance with defendant’s genuinely held beliefs.

Question 11

Racially or religiously aggravated assaults

Answer 11

Aggravation where the offender demonstrates hostility based on the victim’s membership or presumed membership of racial/religious group or offence is motivated by this hostility. Aggravation leads to increased sentencing powers.

Question 12

Threats to kill

Answer 12

s16 Offences Against the Person Act 1861 - defendant threatens to kill another, and they believe the threat to be real, or the threat is made with the intention that it will be believed.

Question 13

Assault or obstruction of designated persons

Answer 13

Assaulting/resisting/wilfully obstructing a police officer - s89 Police Act 1989. Assaulting in order to prevent lawful apprehension - s38 Offences Against the Person Act 1861. Offence of obstructing or hindering certain persons (such as firefighters and paramedics) - s1 and 2 Emergency Workers (Obstruction) Act 2006

Question 14

s89 Police Act 1989

Answer 14

It is an offence to assault, resist or wilfully obstruct a police officer, or any person assisting the officer, in the lawful execution of their duty