Assaults - Offences Against The Person Act 1861 / Criminal Justice Act 1988 Flashcards
What are the points to prove for Common Assault - S39 Criminal Justice Act 1988?
Summary
S29 Criminal Justice Act 1988 makes this a Racially or Religiously aggravated offence.
Either way
Assault
- Assault
- Date and Location
- Unlawfully
- Assaulted
- Another person
Battery - (Assault by beating)
- All points to prove for Assault
- Application of unlawful force by beating
What are the points to prove for ABH - S47 Offences Against The Person Act 1861?
Either way
S29 Criminal Justice Act 1988 makes this a Racially or Religiously aggravated offence
- Date and Location
- Unlawfully assaulted
- Another person
- Occasioning him/her
- Actual bodily harm
What are the points to prove for GBH - S20 Offences against the person act 1861
Either way
S29 Criminal Justice Act 1988 makes this a Racially or Religiously aggravated offence.
- Unlawfully
- Maliciously
- Wounded or Inflicted GBH
- Upon another person
What are the points to prove for GBH with intent - S18 Offences against the person act 1861?
Indictable
- Unlawfully and Maliciously
- Caused GBH or wounded a person
- With intent to
- Do GBH or Resist / Prevent lawful apprehension / detention of self / another
What are the points to prove for Threats to Kill - S16 Offences against the person act 1861?
Either way
A person who;
- Without lawful excuse
- Made a threat to kill
- Intending to cause fear / threat that it would be carried out.
What other offences of assault on police / emergency workers are there?
S89(1) Police Act 1996 - Assault constable or person assisting constable.
S89(2) Police Act 1996 - Resists or wilfully obstructs constable.
S38 Offences against the person act 1861 - Assaulting a constable with intent to resist or prevent arrest.
S39 Criminal Justice Act + S1 Assaults emergency workers act 2018 - Unlawfully assault or beat an emergency worker.
