Assaults Flashcards
what are the 5 building blocks in order of importance
1) Preserve life
2) Preserve scene
3) Preserve evidence
4) Indentify victim
5) Identify offender
2 types of common assault
Assault verbal and assault battery
4 defences to assault
- Consent
- Lawful sports
- Self defence
- Prevention of crime
How could a assault be consented (3 examples)
- Medical treatment
- Tatoos
- Piercings
What does not constitute consent to an assault?
- Submitting to an assault
what section of what act states can be used as a defence for an assault for the prevention of crime
S 3(1) criminal law act
What does S 3(1) criminal law act state
- You can use such force as is reasonable in the prevention of crime
What type of offence is a common assault
Summary
What section and act is common assault under and the year of the act
Section 39 criminal justice act 1988
give examples of common assault
Grazes, sractches, minor bruising, black eye
What can increase the sentence of a common assault
If it is racially or religiously aggrovated
What section and act is ABH under
Section 47 offences against the person act 1861
Define ABH
Any ‘hurt and damage’ to the body which ‘interferes with the health or comfort’ of a person
Gives 4 examples of ABH
- Minor fracture
- Broken nose
- Psychiatric injury
- Bruising
what can increase the sentence of ABH
If it is racially or religiously aggrovated
What type of offence is ABH
Either way offence
What is the max sentence for ABH
5 years
When would a common assault injury turn into an ABH charge (7 EXAMPLES)
- Use of weapon
- Biting
- Vulnerable victim
- part of gang
- Pre-meditated
- Victim public servant
- strangulation used
What section and act is GBH under
Section 20 offences against the person act 1861
What type of offence is GBH
either way
What can increase the sentence of GBH
If it is racially or religiously aggrovated
Give 5 examples of GBH
- Permanent disability
- Substantial blood loss
- Permanent loss of sensory function
- Broken bones
- Wound
- any injury requiring lengthy treatment
What section and act is GBH with inent under
Section 18 offences against the person act 1861
What type of offence is GBH with intent
Indictable
What is the maximum sentence of GBH with intent
life
What injuries are required for GBH with intent
Same as section 20 GBH of offences against person act 1861
3 points to prove GBH with intent
- GBH occured
- Act was deliberate and unjustified
- Intention to cause GBH
What section and act is religious and racially agrivated assaults unde
Section 29 Crime and disorder act 1998
What is the max increased penalty for common assault if it is racially or religiously aggravated
2 years
What is the max increased penalty for ABH if it is racially or religiously aggravated
7 years
What is the max increased penalty for GBH if it is racially or religiously aggravated
7 years
what section and act is assault on PC under
Section 89 (1) police act 1996
what type of offence is assault PC under
Summary
What section and act is assault PC with intent to resist or prevent arrest under
Section 38 offences against the person act 1861
What offence is assault PC with intent to resist or prevent arrest under
Either way
Max sentence for is assault PC with intent to resist or prevent arrest under
2 years
What section and act is Obstuct PC offence under
Section 89 (2) police act 1996
What type of offence is obstruct PC
Summary
What is max sentence for obstruct PC
1 month
What act protect assaults on emergency workers
Assaults on emergency workers act 2018
what type of offence is assaults on emergency workers
either way offen
what is max sentence for assaults on emergency workers
12 month
Who is included in assaults on emergency workers act
- Police/custody officer/PCSO
- NCA
- Prison officer
- Fire service
- NHS
