Assaults Flashcards

1
Q

what are the 5 building blocks in order of importance

A

1) Preserve life
2) Preserve scene
3) Preserve evidence
4) Indentify victim
5) Identify offender

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2
Q

2 types of common assault

A

Assault verbal and assault battery

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3
Q

4 defences to assault

A
  • Consent
  • Lawful sports
  • Self defence
  • Prevention of crime
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4
Q

How could a assault be consented (3 examples)

A
  • Medical treatment
  • Tatoos
  • Piercings
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5
Q

What does not constitute consent to an assault?

A
  • Submitting to an assault
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6
Q

what section of what act states can be used as a defence for an assault for the prevention of crime

A

S 3(1) criminal law act

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7
Q

What does S 3(1) criminal law act state

A
  • You can use such force as is reasonable in the prevention of crime
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8
Q

What type of offence is a common assault

A

Summary

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9
Q

What section and act is common assault under and the year of the act

A

Section 39 criminal justice act 1988

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10
Q

give examples of common assault

A

Grazes, sractches, minor bruising, black eye

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11
Q

What can increase the sentence of a common assault

A

If it is racially or religiously aggrovated

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12
Q

What section and act is ABH under

A

Section 47 offences against the person act 1861

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13
Q

Define ABH

A

Any ‘hurt and damage’ to the body which ‘interferes with the health or comfort’ of a person

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14
Q

Gives 4 examples of ABH

A
  • Minor fracture
  • Broken nose
  • Psychiatric injury
  • Bruising
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15
Q

what can increase the sentence of ABH

A

If it is racially or religiously aggrovated

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16
Q

What type of offence is ABH

A

Either way offence

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17
Q

What is the max sentence for ABH

A

5 years

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18
Q

When would a common assault injury turn into an ABH charge (7 EXAMPLES)

A
  • Use of weapon
  • Biting
  • Vulnerable victim
  • part of gang
  • Pre-meditated
  • Victim public servant
  • strangulation used
19
Q

What section and act is GBH under

A

Section 20 offences against the person act 1861

20
Q

What type of offence is GBH

A

either way

21
Q

What can increase the sentence of GBH

A

If it is racially or religiously aggrovated

22
Q

Give 5 examples of GBH

A
  • Permanent disability
  • Substantial blood loss
  • Permanent loss of sensory function
  • Broken bones
  • Wound
  • any injury requiring lengthy treatment
23
Q

What section and act is GBH with inent under

A

Section 18 offences against the person act 1861

24
Q

What type of offence is GBH with intent

A

Indictable

25
What is the maximum sentence of GBH with intent
life
26
What injuries are required for GBH with intent
Same as section 20 GBH of offences against person act 1861
27
3 points to prove GBH with intent
- GBH occured - Act was deliberate and unjustified - Intention to cause GBH
28
What section and act is religious and racially agrivated assaults unde
Section 29 Crime and disorder act 1998
29
What is the max increased penalty for common assault if it is racially or religiously aggravated
2 years
30
What is the max increased penalty for ABH if it is racially or religiously aggravated
7 years
31
What is the max increased penalty for GBH if it is racially or religiously aggravated
7 years
32
what section and act is assault on PC under
Section 89 (1) police act 1996
33
what type of offence is assault PC under
Summary
34
What section and act is assault PC with intent to resist or prevent arrest under
Section 38 offences against the person act 1861
35
What offence is assault PC with intent to resist or prevent arrest under
Either way
36
Max sentence for is assault PC with intent to resist or prevent arrest under
2 years
37
What section and act is Obstuct PC offence under
Section 89 (2) police act 1996
38
What type of offence is obstruct PC
Summary
39
What is max sentence for obstruct PC
1 month
40
What act protect assaults on emergency workers
Assaults on emergency workers act 2018
41
what type of offence is assaults on emergency workers
either way offen
42
what is max sentence for assaults on emergency workers
12 month
43
Who is included in assaults on emergency workers act
- Police/custody officer/PCSO - NCA - Prison officer - Fire service - NHS