Assaults

Question 1

Define battery

Answer 1

when a person intentionally or recklessly applies unlawful force to another person (includes physical contact to the slightest degree)

Question 2

Define assault

Answer 2

when a person causes another person to apprehend immediate and unlawful personal violence

Question 3

Does a conditional threat count as assault?

Answer 3

No

Question 4

What are the 3 legal defenses for assault / battery?

Answer 4

Consent (provided its legal and the violence was not excessive), legal justification, execution of legal right of duty (both of the last 2 must be reasonable force)

Question 5

What act says force must be reasonable in the circumstances?

Answer 5

The Criminal Justice Act 1967

Question 6

Common Assault and Battery:

Answer 6

Section 39 Criminal Justice Act 1988

Question 7

Section 39 Common Assault & Battery

Answer 7

unlawful assault or battery which causes little or no injury, wither intentional or reckless

Question 8

What type of offence is Section 39 Common Assault & Battery?

Answer 8

SUMMARY (cannot be attempted)

Question 9

Do you have power of entry for Section 39 Assault and Battery?

Answer 9

No

Question 10

Assault Occasioning Actual Bodily Harm:

Answer 10

Section 47 Offences Against the Person Act 1861

Question 11

Section 47 Assault

Answer 11

An assault and battery causing ABH: any hurt of injury which interferes with the health or comfort of the victim **can be psychiatric

Question 12

What type of offence is Section 47 Assault?

Answer 12

TRIABLE EITHER WAY - 7yrs on Indictment

Question 13

Assault on Police

Answer 13

Section 89(1) Police Act 1996

Question 14

Section 89 Assault on Police

Answer 14

assaulting a police officer, or anyone assisting a police officer, in the execution of his or her duty officer must be acting lawfullyassailant does not have to be aware if is a police officer

Question 15

What type of offence is Section 89 Assault on Police?

Answer 15

SUMMARY *cannot be attempted

Question 16

Obstruct Police:

Answer 16

Section 89(2) Police Act 1996

Question 17

Section 89 Obstruct Police

Answer 17

willfully obstructing a police officer, or anyone assisting a police officer, in the execution of his or her duty

Question 18

What type of offence is Section 89 Obstruct Police?

Answer 18

SUMMARY *cannot be attempted

Question 19

Do you have power of entry for Section 89 Police Act Offences?

Answer 19

No

Question 20

Assault with Intent to Resist / Prevent Lawful Arrest:

Answer 20

Section 38 Offence Against the Person Act 1861

Question 21

Section 38 Assault with Intent to Resist/Prevent Arrest

Answer 21

whoever shall assault any person with intent to resist or prevent lawful apprehension or detainment of themself or any other person for any offence shall be guilty of an offence *** assault means common assault

Question 22

What type of offence is Section 38 Assault with Intent to Resist / Prevent Arrest?

Answer 22

EITHER WAY - 2yrs

Question 23

Obstructing Emergency Workers:

Answer 23

Section 1 Emergency Workers (Obstruction) Act 2006

Question 24

Section 1 Obstructing Emergency Workers

Answer 24

a person who without reasonable excuse, obstructs / hinders another while that person is responding to emergency circumstances as an ‘emergency worker’ shall be guilty of an offence *** emergency worker includes fire, ambo, people tranporting blood, organs or equipment for NHS, coastguards, and lifeboat crews

Question 25

What type of offence is Section 1 Obstructing Emergency Workers?

Answer 25

SUMMARY - Fine

Question 26

What are the other types of assault?

Answer 26

Section 20 - GBH / Wounding

Section 18 - Wounding / GBH with intent

Question 27

What are the penalties for racially aggravated Section 39, Section 47 and Section 20 Assaults?

Answer 27

S.39 - 2yrs
S.47 - 7yrs
S.20 - 7yrs