Module 3

Question 1

What is Battery?

Answer 1

Where a person intentionally or recklessly applies unlawful force to another person.

Question 2

What is Assault?

Answer 2

Any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.

Question 3

What legislation applies to Common Assault and Battery?

Answer 3

Sec 39 - Criminal Justice Act 1988

Question 4

Sec 39 - Criminal Justice Act 1988 states that:

Answer 4

Common Assault and Battery shall be summary offences. Injuries amount to no more than:

• Grazes
• Scratches
• Abrasions
• Minor bruising or swellings

Question 5

What is Mens Rea?

Answer 5

The guilty mind

Question 6

4 statutory defences to Assault?

Answer 6

• Consent (e.g. boxing, tackle in football)
• Legal justification (lawful correction of a child)
• Self defence
• In execution of legal right or duty

Question 7

What is Actual Bodily Harm?

Answer 7

ABH means any harm which interfere with the health and comfort of the victim. Where the injuries exceed those that can suitably be reflected by a common assault e.g.
- loss or breaking of a tooth/teeth
- loss of consciousness 
- extensive of multiple bruising
- displaced broken nose
- minor fractures
Offence is triable either way

Question 8

What legislation covers ABH?

Answer 8

Sec 47 - Offences Against the Person Act 1861

Question 9

What is the offence of Grievous Bodily Harm?

Answer 9

Whoever shall unlawfully and maliciously wound
OR
inflict grievous bodily harm upon any other person either, with or without any weapon or instrument,
shall be guilty of a misdemeanour and being convicted thereof shall be liable to imprisonment for a maximum of 5 years.

Question 10

What legislation covers GBH?

Answer 10

Sec 20 - Offences Against the Person Act 1861

Question 11

What is the offence of Grievous Bodily Harm with intent?

Answer 11

Whoever shall unlawfully and maliciously by any means whatsoever would or cause grievous bodily harm to any person,
WITH INTENT,
to do some grievous bodily harm to any person,
or with intent to resist or prevent lawful apprehension or detainer of any person,
shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for life.

Question 12

What legislation covers GBH with intent?

Answer 12

Sec 18 - Offences Against the Person Act 1861

Question 13

What is an Assault on Police?

Answer 13

Any person who assaults a constable in the execution of their duty,
or a person assisting a constable in the execution of their duty,
shall be guilty of an offence.
Liable on summary conviction to imprisonment max 6 months and/or a fine.

Question 14

What legislation covers Assault on Police?

Answer 14

Sec 89(1) - Police Act 1996

Question 15

What is Obstructing a Police Officer?

Answer 15

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.
Liable on summary conviction to imprisonment max 1 month and/or fine.

Question 16

What legislation covers Obstructing a Police Officer?

Answer 16

Sec 89(2) - Police Act 1996

Question 17

What is the offence of Assault with intent to resist or prevent lawful arrest?

Answer 17

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,
shall be guilty of a misdemeanour.
Liable on conviction to imprisonment max 2 years.

Question 18

What legislation covers Assault with intent to resist or prevent lawful arrest?

Answer 18

Sec 38 - Offences Against the Person Act 1861

Question 19

What police action should be taken with any allegation of assault?

Answer 19

• if applicable, separate the parties involved to prevent any further breach of the peace
• render first aid / obtain medical assistance
• investigate allegation / incident
• fully report / record any actions / allegations

Question 20

What is the offence of obstructing an emergency worker?

Answer 20

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, commits an offence.

The capacity referred to in subsection (2) defines ‘emergency workers’ as fire fighters, NHS staff, those transporting blood, organs and equipment on behalf of the NHS, coastguards and life boat crews. (also includes police)

Liable on summary conviction to a fine.

Question 21

What legislation covers the offence of obstructing an emergency worker?

Answer 21

Emergency Workers (Obstruction) Act 2006