Assaults

Question 1

What is the section and definition of Common Assault & Battery under the Criminal Justice Act 1988?

Answer 1

Section 39

Is an assault or battery in which no injury or minor small injuries are caused.

Question 2

What is assault?

Answer 2

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

Question 3

What is battery?

Answer 3

Any intentionally or recklessly infliction of lawful force or personal violence.

Question 4

What are some examples of ABH?

Answer 4

Loss of tooth from a punch or kick.
Black eye
Broken nose
Minor fractures
Minor cuts needing small stitches
Can be mental as well

Question 5

What section and legislation does ABH fall under?

Answer 5

Section 47 Offences against the Person Act 1861

Question 6

What is the definition of ABH?

Answer 6

Any harm which interferes with the health or comfort of the victim. The harm need not be permanent but must be more transient and trifling

Question 7

What section and legislation is GBH/Wounding under?

Answer 7

Section 20 Offences against the person Act 1861.

Question 8

What section and legislation is GBH/Wounding with Intent under?

Answer 8

Section 18 Offences against the person Act 1861.

Question 9

What is the definition of section 20 GBH?

Answer 9

To unlawfully and maliciously wound or inflicting any GBH upon any other person either with or without any weapon are instrument.

Question 10

What is definition of Section 18 GBH?

Answer 10

To unlawfully and maliciously by any means whatsoever wound or cause any GBH to any person with intent to do some GBH to any person or with intent to resist or prevent the lawful apprehension or detention of any person.

Question 11

What section and legislation do Acid Attacks fall under?

Answer 11

Section 29 Offences against the person Act 1861.

Question 12

What section and legislation do Racially of Religiously Aggravated offences sit?

Answer 12

Section 28 Crime and Disorder Act 1998.

Question 13

What is the definition of Obstructing police and it’s section/legislation?

Answer 13

To resist or wilfully obstruct a constable in the execution of his duty or a person assisting a constable in the execution of his duty.

Section 89 (2) Police Act 1996

Question 14

What are the key features of BOP (Breach of Peace)?

Answer 14

Can arrest and after 4 hours if calmed down and no longer a BOP, they can be de-arrested.

Can occur at Private or Public places