Essential Legislation Flashcards
The offences that can become racially or religiously aggravated can be grouped in four categories:
Criminal Damage
• ‘Simple’ criminal damage—Criminal Damage Act 1971, s. 1(1)
Harassment (Protection from Harassment Act 1997)
• Harassment— s. 2
• Stalking—, s. 2A
• Putting people in fear of violence— s. 4
• Stalking involving fear of violence or serious alarm or distress— s. 4A
Assaults
• Wounding or grievous bodily harm—Offences Against the Person Act 1861, s. 20
• Causing actual bodily harm—Offences Against the Person Act 1861, s. 47
• Common assault—Criminal Justice Act 1988, s. 39
Public Order (Public Order Act 1986)
• Causing fear or provocation of violence—s. 4
• Intentional harassment, alarm or distress— s. 4A
• Non-intentional harassment, alarm or distresss— s. 5
There are five main offences relating to violence against a person, these range in severity:
- Common Assault – s39 Criminal Justice Act 1988
- Assault by Beating (Battery) – s39 Criminal Justice Act 1988
- Actual Bodily Harm (‘ABH’) – s47 Offences Against the Person Act 1861
- Wounding/ inflicting Grievous Bodily Harm (‘GBH’) – s20 Offences Against the Person Act 1861
- Wounding/ causing Grievous Bodily Harm (‘GBH’) With Intent – 18 Offences Against the Person Act 1861
Common Assault
s39 Criminal Justice Act 1988
“any act by which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence”.
Assault by threat only, e.g:
- E.g I’m going to slap you, or conditional threat (if you do this I’ll___)
Assault by Beating (Battery)
s39 Criminal Justice Act 1988
Application of intentional or reckless unlawful force to another, physical contact occurs but with minor / no injury.
Actual Bodily Harm (‘ABH’)
s47 Offences Against the Person Act 1861
Application of force to another, the victim receives hurt or injury which has disrupted the health or comfort of the victim. Capable of being seen or felt by victim, including psychiatric although this must be supported by medical evidence.
Needs to be proved assault was intended or carried out recklessly. Doesn’t need to be proved they intended to cause injuries that amounted to ABH.
A triable either-way offence with a max penalty of 5 years imprisonment.
Wounding/ inflicting Grievous Bodily Harm (‘GBH’)
s20 Offences Against the Person Act 1861
Offence to “unlawfully and maliciously ..wound another person” or to “inflict grievous bodily harm”
The victim receives life-changing injuries, e.g breaking all layers of skin, broken bones, biological harm, heavy bleeding or significant psychological injury.
Age and characteristics of person is taken into account.
Triable on indictment only and penalty is 7 years imprisonment.
Wounding/ causing Grievous Bodily Harm (‘GBH’) With Intent
s18 Offences Against the Person Act 1861
“Unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person…with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person”.
Triable on indictment only and penalty is life imprisonment.
Threats to kill
s16 Offences Against the Person Act 1861
A person who without lawful excuse makes to another a threat, intending that the other would fear it would be carried out, to kill that other or a third person.
Penalty:
Indictment – ten years.
Assault with intent to resist an arrest
s38 Offences Against the Person Act 1861
“Whoever 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”
Offence is triable summarily and the penalty is two years imprisonment
In common law, an assault is…
(R v Griffiths 1988)
“any act by which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence”.
Use of reasonable force…
s3 of the Criminal Law Act 1967
“A person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large”.
Power of constable to use reasonable force
s117 PACE 1984
You may use reasonable force, if necessary, in the exercise of your power of arrest under provisions of PACE.
Provided your actions are reasonable, this provision will enable you to ensure your own safety and the security of the detainee.
Arrest without warrant: constables
s 24 PACE 1984 (Code G)
(1) A constable may arrest without warrant –
- Anyone who is about to commit an offence
- Anyone who is in the act of committing an offence
- Anyone whom he has reasonable grounds for suspecting to be about to commit an offence
- Anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2)
If a constable has reasonable grounds for suspecting an offence has been committed, he may arrest without warrant, anyone whom he has reasonable grounds to suspect of being guilty of it.
(3)
If an offence has been committed, a constable may arrest without a warrant –
• Anyone who is guilty of the offence
• Anyone whom he has reasonable grounds for suspecting to be guilty of it.
(4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.
(5) The reasons are—
(a) Name
(b) Address
(c) To prevent the person in question—
(i) Causing physical injury
(ii) Suffering physical injury;
(iii) Causing loss of or damage to property;
(iv) Public indecency
(v) Causing obstruction
(d) Child/ vulnerable person safety
(e) Prompt and effective investigation
(f) Disappearance
Assault of a Constable
s89 (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.”
If the constable has become a trespasser or is making an unlawful arrest, then this offence will not apply.
Obstruct Constable
s89 (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”
e.g 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.
Assaults of Emergency Workers
s1 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”
Section 2 of this Act covers any persons assisting an emergency worker who is acting as above.
Public disorder is characterised by what?
Disruptive behaviour which deprives others of the peace and quiet to which they are entitled.
Under section 17 of PACE the police can enter a property without a search warrant or consent in order to:
- execute an arrest warrant,
- arrest someone for a serious offence,
- recapture someone who has escaped from custody,
- save “life or limb” or “prevent serious damage to property”,
- prevent a ‘breach of the peace’.
Common law definition of breach of the peace?
There is no formal definition of ‘breach of the peace’.
However, it is generally accepted that a ‘breach of the peace’ occurs when someone or their property is harmed or likely to be harmed; or a person is in fear of being harmed through an assault, an affray, a riot of other disturbance.
Preventative powers for breach of the peace?
Arrest - The threat of breach of the peace must be immediate to justify an arrest to prevent it.
Breaching the peace is not a criminal offence. Those
arrested for breach of the peace cannot be charged but they may be still be held on remand. Under Section 115 of the Magistrates’ Courts Act 1980, magistrates have ‘binding over’ powers to hold people on remand to keep the peace.
89(2) of the Police Act 1996 it is an offence to resist
or wilfully obstruct a constable in the execution of his duty.
Therefore, officers may arrest those who fail to comply with an instruction made in order to prevent a breach of the peace. Those found guilty of this offence can be imprisoned for up to three months.
The Public Order Act 1986 defines a variety of public order offences. The key offences are what/
Note that the offences range in order of severity from most severe (section 1) to least severe (section 5):
- Riot
- Violent Disorder
- Affray
- Fear or provocation of violence
4a. Intentional harassment, alarm or distress - Non-intentional harassment, alarm or distress
Riot
s1 of the Public Order Act 1986
Where 12 or more persons who are present together…
use or threaten unlawful violence for a common purpose…
and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety….
each of the persons using unlawful violence for the common purpose is guilty of riot.
Violent Disorder
s2 of the Public Order Act 1986
Where 3 or more persons who are present together…
use or threaten unlawful violence…
and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety…
each of the persons using or threatening unlawful violence is guilty of violent disorder.
Affray
s3 of the Public Order Act 1986
A person commits affray if he/she uses or threatens unlawful violence towards another and…
his/her conduct is such as would cause a person of reasonable firmness present at the scene…
to fear for his/her personal safety.