Assaults Flashcards
What Acts does assault come under?
Criminal Justice Act 1988
Offences Against the Person Act 1981
Crime and Disorder Act 1998
Police Act 1996
Definition of Assault
An assault is any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence
Definition of battery
Battery is where a person intentionally or recklessly applies unlawful force to another person
e.g spitting
What are some examples of force?
Punch Kick Throwing a stone at someone Shaking your fist at someone It is the act rather than the injury
What is the ‘mens rea’ (the mental element of a person’s intention to commit a crime) required to prove both a common assault and an assault occasioning actual bodily harm
- an intention to cause apprehension of immediate unlawful violence, or an intention to apply force to the body of another
What are the defences to assaults and battery?
consent
- reasonable bodily contact
- no excessive violence or injury caused
- does not involve legal prupose
- not obtained by fear, fraud or ignorance
- consenting for someone to hurt you within a reasonable range
legal justification
- the law affects the obligations on the police to protect the rights of children under the Human Rights Act 1998
Surgery
- in an emergency, surgery may be needed to save a life
Lawful sports
- contact sports
Self-defence
- a person may defend: themselves, close relatives, property
What act will be raised if the common law of self-defence is raised?
Section 76 of the Criminal Justice and Immigration Act 2008
What are police officers protected against?
Police officers are protected from civil action being taken against them when arresting as they have not done anything wrong
HOWEVER - you may only use as much force as is reasonable in the circumstances
What does Section 39 Criminal Justice Act 1988 - Common assault and battery state?
Common assault and battery is a summary offence
The threat of physical contact, requires a mental element which is intentional or reckless, causing another person to apprehend immediate and unlawful violence
Examples of Section 39 Criminal Justice Act 1988 - Common assault and battery injuries?
Grazes Scratches Abrasions Minor bruising swelling Redding of the skin superficial cuts black eye Pain and discomfort
Section 39 Criminal Justice Act 1988 in relation to breach of the peace
a common assault or battery is a breach of the peace, so you have a power of arrest under common law if the breach of the peace is still happening in your presence or likely to reoccur in the immediate future
What does Section 47 Offenses Against the Person 1861 - Actual Bodily Harm state?
it is an offence to assault any person thereby occasioning them to actual bodily harm
triable either way
Examples of Section 47 Offenses Against the Person 1861 - Actual Bodily Harm injuries?
- loss or breaking of tooth or teeth
- temporary loss of sensory function
- extensive or multiple brusing
- displaced broken nose
- minor fractures
- minor but not merely superficial cuts (e.g. require stitches)
- psychiatric injury
What does Section 28 Crime and Disorder Act 1998 - Racially or Religiously aggravated assaults state?
section 28 of the Crime and Disorder Act defines an offence being ‘racially or religiously aggravated’ for the purposes of these offences as:
- one motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group
- at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victims membership (or presumed membership) of a racial or religious group.
Section 3 of the Assaults on Emergency Workers Act 2018
It is an offence for any person to assault a constable whilst in the execution of his duty or a person assisting him
emergency worker - police officer, prison custody officer, NHS employee
If a police officer is assaulted, which act would be appropriate?
If a constable is assault then a prosecution under section 89(1) of the Police Act 1996 would be appropriate, provided that they officer is acting in the execution of his or her duty
Obstructing a Police Officer
Triable either way
It is an offence for any person to resist or wilfully obstruct:
- a police officer acting in the execution of his duty
- any person assisting him
What should you inform victims of with assault and battery?
Victims of assault should be informed that they might be eligible for compensation from the Criminal Injuries Compensation Authority
You are interviewing someone for a minor offence. They ask you to leave but you say you will leave after completing you enquiry. They then push you. Is this assault?
No - you were no longer in the execution of your duty when you were asked to leave
what does actual bodily harm mean?
actual bodily harm is any harm that interferes with the health or comfort of the victim
What are the different assault sections?
Section 18 Section 20 - Section 28 - Section 39 - Section 47 -
Example of battery
spitting
Who cannot consent?
Someone under 18 years old
Under the influence of drink/alcohol
Mental incapacitation
Section 47 creates two offences, what are they?
- assault occasioning actual bodily harm
- battery occasioning actual bodily harm
When arresting for assault what level of arrest do you do this to?
arrest on suspicion of the highest assault level
- this is possible because you can downgrade the level of arrested if necessary
What should you remember to do when attending an assault case?
- take a photo of the victim top to toe
- focus in on the injury
- hold the card given to us in the information pack next to the injury so it is possible to gage the size of the injury
Section 20 - Offences Against the Person Act 1861
- Whoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument shall be guilty or an offence
Examples of section 20
- fracture of bone
- break of bone
- stabbing
- momentary lapse of unconsciousness
- permanent disability
- fracture to the skull
- psychiatric injury
Section 18 - Offences Against the Person Act 1861
- Whoever shall unlawfully and maliciously wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm
