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MerPol > Assaults > Flashcards

Assaults Flashcards

Affray Common Assault ABH GBH Religious/Racially Aggravated Assault/Obstruct Police or Emergency Workers

1
Q

Affray

What SECTION and ACT?

A

Section 3

Public Order Act 1986

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2
Q

Affray

Points to Prove?

A 
A person commits an offense who:
□ Used/threatened
□ Unlawful violence
□ Towards another
□ And his/her conduct was such as would cause
□ A person of reasonable firmness
□ To fear for personal safety
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3
Q

Affray

Offence Notes?

A

Triable Either Way Offence

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4
Q

Affray - Public Order Act 1986 - Can you use words alone to “Threaten”?

A

No

“Threat” with reference to affray cannot be made by the use of words alone.

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5
Q

Affray - Public Order Act 1986 - Can “Violence” be used against property”?

A

No

Affray includes any violent conduct but does not include violent conduct towards a property.

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6
Q

Common Assault/Battery

What SECTION and ACT?

A

Section 39

Criminal Justice Act 1988

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7
Q

Common Assault/Battery

Points to Prove?

A 
Assault: 
□ Date and Location
□ Unlawfully
□ Assaulted
□ Another Person

Battery
□ (As per Assult) + The application of UNLAWFUL FORCE (Beating).

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8
Q

Common Assault/Battery

Offence Notes?

A

Summary Offence Only

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9
Q

ABH

What SECTION and ACT?

A

Section 47

Offences Against the Person’s Act 1861

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10
Q

ABH

Points to Prove?

A 
□ Date and Location
□ Unlawfully
□ Assaulted
□ Another Person
□ Occasioning Him/Her
□ Actual Bodily Harm
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11
Q

ABH

Offence Notes?

A

Triable Either Way

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12
Q 
GBH
What SECTION(S) and ACT?
A

Sections 18 and 20

Offences Against the Person’s Act 1861

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13
Q

GBH - Section 20

Points to Prove?

A

□ Unlawfully
□ Maliciously
□ Wounded or Inflicted GBH
□ Upon Another Person

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14
Q

GBH - Section 20

Offence Notes?

A

Triable Either Way

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15
Q

GBH - Section 18

Points to Prove?

A

□ Unlawfully and Maliciously
□ Caused GBH or Wounded a Person
□ WIth Intent To (Mens Rea - Guilty Mind)
□ Do GBH or Resist / Prevent Lawful Apprehension / Detention of Self / Another

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16
Q

GBH - Section 18

Offence Notes?

A

Indictable Offence Only

17
Q

GBH - Examples include:

A
  • Injury resulting in permanent disability or permanent loss of sensory function,
  • Injury which results in more than minor permanent,
  • Visible disfigurement,
  • Broken or displaced limbs or bones, including:
    a) fractured skulls,
    b) compound fractures,
    c) broken cheekbones, jaws, and ribs, etc.,
    d) injuries that cause substantial loss of blood, usually necessitating a transfusion.
18
Q

Section 29
Crime and Disorder Act 1998
Relates to What Offence?

A

Religiously/Racially Aggravated Public Order Offences

  • s.39 - Common Assault
  • s.47 - ABH
  • s.20 - GBH
19
Q

Section 29
Crime and Disorder Act 1998
Religiously/Racially Aggravated Public Order Offences (s.39, s,47, s.20)
Points to prove?

A

Under this Act, there are certain conditions under which certain assaults will be deemed to be racially and religiously aggravated and raises the penalty accordingly.

20
Q

Section 31
Crime and Disorder Act 1998
Relates to What Offence?

A

Religiously / Racially Aggravated Public Order Offences

  • s.4 - Fear or Provocation of Violence
  • s.4A - Intentional Harassment, Alarm or Distress
  • s.5 - Harassment, Alarm or Distress
21
Q 
Section 31
Crime and Disorder Act 1998
Religiously / Racially Aggravated Public Order Offences
(s.4, s.4A, s.5)
Points to Prove?
A

A person is guilty of an offence if he commits an offence under:

*Public Order Act - Section 4
(Fear or Provocation of Violence)

*Public Order Act - Section 4A
(Intentional Harassment, Alarm or Distress)

*Public Order Act - Section 5
(Harassment, Alarm or Distress)

□All points within the offence
PLUS
□The Offence was racially / religiously aggravated

22
Q

Religiously / Racially Aggravated Public Order Offences
Section 31
Crime and Disorder Act 1998
Offence Notes?

A
  • Public Order Act - Section 4 - Fear or Provocation of Violence
    = Triable Either Way
  • Public Order Act - Section 4A - Intentional Harassment, Alarm or Distress
    = Triable Either Way
  • Public Order Act - Section 5 - Harassment, Alarm or Distress
    = Summary Offence Only
23
Q 
Assault on Police
What SECTION(s) and ACT?
A 
Section 89(1) and (2)
Police Act 1996
24
Q

Section 89(1)
Assault on Police
Point to Prove?
Offence Notes?

A

□ Assaults a PC (or a person assisting a PC)
□ In the execution of his duty

Summary Offence Only

25
Q

Section 89(2)
Assault on Police
Point to Prove?
Offence Notes?

A

□ Resists or willfully obstructs a PC (or a person assisting a PC)
□ In the execution of his duty

Summary Offence Only

26
Q

Assaults on Emergency Workers (Offences)

What SECTION and ACT?

A

Section 1

Assaults on Emergency Workers (Offences) Act 2018

27
Q

Assaults on Emergency Workers (Offences)
Point to Prove?
Offence Notes?

A

□ Mimics - Section 39 Common Assault & Battery

Triable Either Way

28
Q

Obstructing or Hindering Emergency Workers

What SECTION and ACT?

A 
Section 1(1) 
Emergency Workers (Obstruction) Act 2006
29
Q

Obstructing or Hindering Emergency Workers
Point to Prove?
Offence Notes?

A 
□ Without reasonable excuse 
□ Obstructs or hinders another 
□ While that other person is 
□ In a capacity as a firefighter, ambulance worker, blood and transplant staff, coastguard staff or lifeboat crew
□ responding to emergency circumstances

Summary Offence Only

30
Q

Execution of legal right or duty to use force in relation to assaults can be broken into two categories - What are they?

A

Use of reasonable force by a Constable:

□ PACE 1984 - Section 117
•Take fingerprints
••Arrest a suspect
•••Search a suspect

Use of reasonable force by anyone:

□ Criminal Law Act 1967 - Section 3(1)
•In the prevention of crime
••In effecting or assisting in the lawful arrest of offenders
•••In effecting or assisting in the lawful arrest of persons unlawfully at large

MerPol (8 decks)

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