Assaults Relating to Emergency Services Flashcards
There are four key offences that were created to protect the police and other public workers whilst they are acting in an official capacity:
Assault of a Constable – Section 89 (1) Police Act 1996
Obstruct Constable – Section 89 (2) Police Act 1996
Assault with intent to resist or arrest – Section 38 Offences Against the Person Act 1861
Obstruct/hinder emergency workers – Section 1 Emergency Workers (Obstruction) Act 2006
Assault of a Constable – Section 89 (1) Police Act 1996
“Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.”
This offence protects any person in the office of constable OR ANY PERSON who is assisting a constable. No injury level is required as with common assault (however proof of injury is good evidence). The key to this offence is that it must include a constable (any police officer) and that constable must be acting in the lawful execution of their duty.
If the constable has become a trespasser or is making an unlawful arrest, then this offence will not apply.
Obstruct Constable – Section 89 (2) Police Act 1996
“Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence”
As above, this offence may be committed against any person AS LONG as a police officer is involved in the lawful execution of his or her duty. This could be committed by purposely failing to yield to a police car displaying lights/sirens or standing in the way of an officer as they give chase to a person in the street for arrest.
Assault with intent to resist or arrest – Section 38 Offences Against the Person Act 1861
“Whosoever shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence”
This only requires an identical mens rea to part 2 of section 18 GBH, but no level of injury must be proved (as with Assault of a Constable).
Offence is triable summarily and the penalty is two years imprisonment
Obstruct/hinder emergency workers – Section 1 Emergency Workers (Obstruction) Act 2006
“A person who without reasonable excuse obstructs or hinders another while that other person is, in a capacity mentioned in subsection (2) below, responding to emergency circumstances”
This offence covers the wilful obstruction of certain persons (e.g. NHS staff, coastguards, fire officers, or paramedics) if they are responding to an emergency. The circumstances of that emergency described means actual or imminent serious harm to person/property/environment.
Section 2 of this Act covers any persons assisting an emergency worker who is acting as above.
Assaults of Emergency Workers (Offences) Act 2018
Penalty?
Covers the offence of common assault, or battery, when committed against an emergency worker acting in the exercise of functions as such a worker (including when not working).
Either way offence, and the maximum custodial sentence is 12 months.
