Assaults

Question 1

Affray

What SECTION and ACT?

Answer 1

Section 3

Public Order Act 1986

Question 2

Affray

Points to Prove?

Answer 2

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

Question 3

Affray

Offence Notes?

Answer 3

Triable Either Way Offence

Question 4

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

Answer 4

No

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

Question 5

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

Answer 5

No

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

Question 6

Common Assault/Battery

What SECTION and ACT?

Answer 6

Section 39

Criminal Justice Act 1988

Question 7

Common Assault/Battery

Points to Prove?

Answer 7

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

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

Question 8

Common Assault/Battery

Offence Notes?

Answer 8

Summary Offence Only

Question 9

ABH

What SECTION and ACT?

Answer 9

Section 47

Offences Against the Person’s Act 1861

Question 10

ABH

Points to Prove?

Answer 10

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

Question 11

ABH

Offence Notes?

Answer 11

Triable Either Way

Question 12

GBH
What SECTION(S) and ACT?

Answer 12

Sections 18 and 20

Offences Against the Person’s Act 1861

Question 13

GBH - Section 20

Points to Prove?

Answer 13

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

Question 14

GBH - Section 20

Offence Notes?

Answer 14

Triable Either Way

Question 15

GBH - Section 18

Points to Prove?

Answer 15

□ 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

Question 16

GBH - Section 18

Offence Notes?

Answer 16

Indictable Offence Only

Question 17

GBH - Examples include:

Answer 17

• 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.

Question 18

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

Answer 18

Religiously/Racially Aggravated Public Order Offences

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

Question 19

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

Answer 19

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.

Question 20

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

Answer 20

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

Question 21

Section 31
Crime and Disorder Act 1998
Religiously / Racially Aggravated Public Order Offences
(s.4, s.4A, s.5)
Points to Prove?

Answer 21

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

Question 22

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

Answer 22

• 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

Question 23

Assault on Police
What SECTION(s) and ACT?

Answer 23

Section 89(1) and (2)
Police Act 1996

Question 24

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

Answer 24

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

Summary Offence Only

Question 25

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

Answer 25

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

Question 26

Assaults on Emergency Workers (Offences) | What SECTION and ACT?

Answer 26

Section 1 | Assaults on Emergency Workers (Offences) Act 2018

Question 27

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

Answer 27

□ Mimics - Section 39 Common Assault & Battery Triable Either Way

Question 28

Obstructing or Hindering Emergency Workers | What SECTION and ACT?

Answer 28

``` Section 1(1) Emergency Workers (Obstruction) Act 2006 ```

Question 29

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

Answer 29

``` □ 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

Question 30

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

Answer 30

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