MCQ 2 Flashcards
Common assault
Sec 39 - criminal justice act 1988, causing someone to fear immediate, unlawful violence such as threats or gestures
No physical injury is required for common assault, just fear of harm.
Common assault and battery
Sec 39 Criminal justice act 1988, The unlawful application of force to another person, even if minor. E.g. pushing, slapping or even spitting
Physical contact must occur however injury can be minimal
Maximum penalty for both common assault and battery
6 months imprisonment, or a fine, or both
Section 1 of the Restriction of Offensive Weapons Act 1961
Section 1 - possession of an offensive weapon in a public place without lawful authority or reasonable excuse
Offensive weapon - An item made, adapted, or intended to cause injury.
Penalty for Section 1 of the Restriction of Offensive Weapons Act 1961
Maximum penalty: 4 years imprisonment, a fine, or both.
Sec 3 Criminal Law Act 1967
A person may use reasonable force to prevent crime or to lawfully arrest someone committing a crime or assisting in their arrest.
Any person can use this not just police officers. The force used MUST be proportionate to the threat or the situation
Sec 12 Theft Act 1968 Taking without Owners consent (TWOC)
It is an offence to take a motor vehicle (e.g. car, motorbike) or other conveyance (e.g. boat) without the consent of the owner or other lawful authority even just using the vehicle without permission.
Anyone carried in the vehicle knowing it was taken unlawfully also commits an offence
This offence does not apply if the intent is to permanently deprive the person of it. This would come under section 1 of the same act
Key categories of vulnerable victims
- Age (people under 18)
- Mental health or significant emotional distress
- Learning disabilities
- Physical disabilities
- Domestic abuse victims
- Elderly ( Seniors who may be particularly vulnerable due to age-related challenges)
Intimidated victims definition
Intimidated victims are victims of crime who may be afraid or distressed about giving evidence in court. They may be victims of serious crimes, such as sexual assault, domestic abuse, or hate crimes
Examples of intimidated victims
- Victims of sexual assault
- Victims of domestic violence
- Victims of modern slavery
- Victims of hate crimes
- Victims of repeat harassment or bullying
- Victims of stalking
- Victims of human trafficking
- Bereaved close relatives
4 Rs of CPIA
Record - all material relevant to case
Retain - relevant material securely throughout investigation
Review - Investigators and disclosure officers must review all material
Reveal - Relevant material that may assist the defence must be revealed to the prosecution
ABH (Actual Bodily Harm) – Section 47
Assault or battery causing minor injuries like bruising or cuts. Requires intent or recklessness to cause minor harm.
Maximum sentence: 5 years.
GBH (Grievous Bodily Harm) – Section 20
Inflicting serious harm, such as broken bones or severe wounds, with intent to cause some harm or acting recklessly.
Maximum sentence: 5 years.
GBH With Intent – Section 18
Deliberately causing grievous harm or resisting arrest, with intent to cause serious injury.
Maximum sentence: Life imprisonment.
