Assault and Other Related

Question 1

What act does Common Assault come under ?

Answer 1

Section 39 - Criminal Justice Act 1988

Question 2

What is an Assault ?

Answer 2

Any act which intentionally or recklessly, causes another person to apprehend immediate, unlawful personal violence

Question 3

Does physical force have to be used for an Assault to take place ?

Answer 3

No, the person must apprehended immediate, unlawful personal violence (They do not need to fear it)

Question 4

What act does Assault by Battery come under ?

Answer 4

Section 39 - Criminal Justice Act 1988

Question 5

What is Assault by Battery?

Answer 5

Battery is where a person intentionally or recklessly uses unlawful force upon another person

Question 6

What injuries can arise from Assault by battery ?

Answer 6

• Grazes/Scratch/Abrasions
• Minor bruising
• Swelling
• Redding to the skin
• Superficial cuts (cuts that do not involve fat or muscle tissue, not bleeding heavily and are less that 1/2 inch long)
• Black eye

Question 7

What act does Actual Bodily Harm come under ?

Answer 7

Section 47 - Offences Against The Person Act 1861

Question 8

What is Actual Bodily Harm ?

Answer 8

Where a person assaults another, occasioning (causing) Actual Bodily Harm

Question 9

What injuries can ABH cause ?

Answer 9

• Serious injuries
• Has there been significant medical intervention? (Stitches or a medical operation preformed under anaesthetic)
• Have permanent effects happened as a result ?
• Psychological harm (more than fear, distress or panic)

Question 10

What act does Grievous Bodily Harm come under ?

Answer 10

Section 20 - Offences Against The Person Act 1861

Question 11

What is GBH ?

Answer 11

Where someone unlawfully and maliciously wounds or inflicts grievous bodily harm upon another person. They can do this either with or without a weapon or instrument.

Question 12

What injuries come from GBH ?

Answer 12

• Very serious injuries
• Permanent:
~ Disability
~ Loss of sensory function
~ Visible disfigurement
• Broken/Fractured bones
• Displaced limbs (dislocation)
• Serious psychological injury

Question 13

What act does Grievous Bodily Harm with Intent come under ?

Answer 13

Section 18 - Offences Against The Person Act 1861

Question 14

What is GBH with Intent ?

Answer 14

To cause GBH against any person with INTENT do GBH or to resist or prevent the lawful apprehension or detention of any person

Question 15

What is the distinction between GBH and GBH with Intent ?

Answer 15

Intent - Factors may include:
• Repeated or planned attack
• Deliberate selection of a weapon or adaption of an article to cause injury
• Making prior threats
• Using an offensive weapon against, or kicking the persons head

Question 16

What act does Assaulting a Police Officer come under ?

Answer 16

Section 89(1) - Police Act 1996

Question 17

Points to prove for Assault on a Police Officer

Answer 17

• Assaulted a police officer (or person assisting/deputised)
• In the execution of their duties

Question 18

What act does obstruction to police come under?

Answer 18

Section 89(2) - Police Act 1996

Question 19

Does not answering questions asked by a PC amount to obstruction to police?

Answer 19

No, unless the person is under duty to provide the information.