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Flashcards

ASSAULTS

sah224 POLICING English 50 cards

Cards in this deck (50)

  1. 1LEGISLATION Offence for any person to assault/resist/wilfully obstruct a police officer, or any person assisting the police officer, in the lawful execution of their dutyS89 Police Act 1989
  2. 2S89 Police Act 1989 makes what an offence?For any person to assault/resist/wilfully obstruct a police officer, or any person assisting the police officer, in the lawful execution of their duty
  3. 3LEGISLATION Offence to assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or any other person for any offenceS38 Offences Against the Person Act 1861
  4. 4S38 Offences Against the Person Act 1861 makes what an offence?To assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or any other person for any offence.
  5. 5LEGISLATION Offence of obstructing or hindering certain persons (including fire officers, paramedics, coastguard, lifeboat crew) when responding to emergency circumstances, and those assisting such persons.S1, S2 Emergency Workers (Obstruction) Act 2006
  6. 6S1, S2 Emergency Workers (Obstruction) Act 2006 makes what an offence?Obstructing or hindering certain persons (including fire officers, paramedics, NHS B&T, coastguard, lifeboat crew) when responding to emergency circumstances (S1), and those assisting such persons (S2).
  7. 7LIST Defences against a charge of assault or battery1) Consent
    2) Lawful correction or reasonable chastisement of a child
    3) In execution of a legal right or duty
    4) Self defence (under common law)
  8. 8Consent can be...1) Implied - not specifically given but allowed (contact during lawful sports, a tap on the shoulder to draw attention, commuters on busy public transport where proximity is expected)
    2) Explicit - Specifically given
    3) Invalid - specifically given but not valid (a child too young to understand what it is consenting to, serious harm)
  9. 9LEGISLATION That allows of reasonable chastisement of a child by parents or adults acting in loco parentisS39 Criminal Justice Act 1988
    but only against charges of battery. S58 Children Act 2004 removes the ability of the reasonable chastisement defence where the accused is charges with more serious assault.
  10. 10S39 Criminal Justice Act allows for what defence against battery only?Lawful correction or reasonable chastisement of a child by a parent or adult acting in loco parentis. S58 Children Act 2004 removes the ability of the reasonable chastisement defence where the accused is charges with more serious assault.
  11. 11LEGISLATION 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.S3 Criminal Law Act 1967
  12. 12S3 Criminal Law Act 1967 states that...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.
  13. 13LEGISTLATION Constables may use reasonable force, if necessary, in the exercise of other powers under PACE.S117 Police and Criminal Evidence Act 1984
  14. 14S117 PACE allows..."A constable to use reasonable force, if necessary, in the exercise of other powers under PACE."
    Therefore, when taking hold of someone during an arrest, although there is technically a 'battery' on that person, it is not unlawful provided that the arrest you are making is lawful.
  15. 15Describe the instances in which self defence may be used as a defence against assaultA person may use such force as is reasonable in the circumstances for the purposes of defending themselves, another or property.
  16. 16LEGISLATION That prevents the taking of a life in the defence of property.Article 2(2) European Convention on Human Rights
  17. 17The defence of self defence in the defence of themselves or another is available if...They honestly believed it was necessary to use force and if the degree of force used was not disproportionate in the circumstances as they viewed them.
  18. 18What is the legal stance on pre-emptive strikes?There is no rule in law to say that a person must wait to be struck first before they may defend themselves, (see R v Deana, 2 Cr App R 75).
  19. 19LIST The three offences that can be aggravated where the offending is racially motivated or based on racial hostilityCommon assault
    Assault occasioning ABH
    Wounding/Inflicting GBH
  20. 20DEFINE Racial or religious aggravationFROM s28(1) Crime and Disorder Act 1998
    An offence become racially or religiously aggravated for the purposes of SS29-32 if the offender demonstrates ... hostility or is motivated ... by hostility on racial or religious grounds.
  21. 21An aggravated offence is committed ifAt the time of the offence (or shortly before or after), the offender demonstrates to the victim hostility based on the victim's membership (or presumed membership) of a racial or religious group
    OR
    The offence is motivated wholly or partly by hostility towards members of a racial or religious group based on their membership (or presumed membership) of that group.
  22. 22TRUE OR FALSE There is no difference between the the sentencing powers available for basic and aggravated offences.FALSE
    Aggravated offences attract increased sentencing powers.
  23. 23TRUE OR FALSE A person found not guilty of the aggravated offence cannot be found guilty of the basic offence.FALSE
    A person may be found not guilty of aggravated wounding, but subsequently found guilty of wounding.
    If indictable - ALTERNATIVE VERDICT
    If summary - MUST BE CHARGED WITH BOTH (no power for the court to return an alternative verdict)
  24. 24LEGISLATION Which provide for aggravated offencesCrime and Disorder Act 1998
    MORE SPECIFICALLY
    S29 - Assault
    S30 - Criminal Damage
    S31 - Public Order Offences
    S32 - Harrasment
    ALSO PUBLIC ORDER ACT 1986 AND FOOTBALL OFFENCES ACT 1991
  25. 25LIST Levels of assault from least to most seriousCommon Assault
    Battery
    Actual Bodily Harm
    Wounding/Grievous Bodily Harm
    Wounding/Grievous Bodily Harm with Intent
  26. 26DEFINE AssaultAny act by which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.
  27. 27TRUE OR FALSE Assault can occur even if there is no physical contact.True, an assault does not require any physical application of force on another person.
    Common assault (threat only, no physical contact or injury)
  28. 28LEGISLATION Which makes common assault and battery offences?S39 Criminal Justice Act 1988
  29. 29S39 Criminal Justice Act 1988 makes what a offence?Common assault
    Battery
  30. 30LEGISLATION Which causes assault occasioning actual bodily harm to be an offenceS47 Offences Against the Person Act 1861
  31. 31S47 Offences Against the Person Act 1861 causes what to be an offence?Assault occasioning actual bodily harm
  32. 32LEGISLATION That causes wounding/grievous bodily harm to be an offenceS20 Offences Against the Person Act 1861
  33. 33S20 Offences Against the Person Act 1861 causes what to be an offence?Wounding/grievous bodily harm
  34. 34LEGISLATION Which causes wounding/inflicting grievous bodily harm with intent to do so to be an offenceS18 Offences Against the Person Act 1861
  35. 35S18 Offences Against the Person Act 1861 causes what to be an offence?Wounding/inflicting grievous bodily harm with intent to do so
  36. 36TRUE OR FALSE Common assault and battery should be charged together where appropriate so at least one conviction is securedFALSE
    These are alternative offences and should never be charged together.
  37. 37What level of injury is required for a charge of batteryThe application of force by an assailant on a victim but where it only results in very minor or no perceivable injury.
  38. 38What level of injury is needed for a charge of assault occasioning actual bodily harm?An injury that is real, and can be seen or felt by the victim, witnesses or police officer. It must be more that trifling, but need not be permanent. (R v Donovan [1934]).
  39. 39SENTENCE Common assault and common assault by beatingSUMMARILY ONLY
    six months imprisonment
  40. 40SENTENCE Assault occasioning actual bodily harmEITHER WAY
    S) six months imprisonment and/or fine
    OR
    I) five years imprisonment
  41. 41SENTENCE Wilfully obstructing a police officer in the lawful execution of their duties contrary to S89(2) Police Act 1996SUMMARILY
    One month imprisonment
  42. 42SENTENCE Assault of a police officer in the lawful execution of their duties contrary to S89(1) Police Act 1996SUMMARILY
    Six months imprisonment
  43. 43SENTENCE Assaulting any person with intent to resist or prevent the lawful apprehension or detainer of himself or any other person for any offence, contrary to S38 Offences Against the Person Act 1861SUMMARILY
    Two years imprisonment
  44. 44DEFINE Maliciously, in the context of woundingAn actual intention to do that particular kind of harm OR recklessness (unreasonably persisting in taking that risk; for example in the reckless passing on of an STI that the suspect knew about and could forsee that the victim would contract it)
  45. 45What is the difference between wounding and grievous bodily harm?Although treated identically and both fall under S18/S20 Offence Against the Person Act 1861, technically wounding is defined as breaking all layers of the skin, and grievous bodily harm is other serious injuries such as broken bones
  46. 46What level of injury is required for a charge of grievous bodily harm?EXAMPLES
    Injury resulting in permanent disability
    visible disfigurement
    broken or displaced limbs/bones
    injury causing substantial blood loss
    injuries resulting in lengthy incapacity
    psychiatric injury (req. expert evidence)
  47. 47SENTENCE Unlawful and malicious wounding or inflicting grievous bodily harmEITHER WAY
    S) Six months imprisonment and/or fine
    I) Five years imprisonment
  48. 48SENTENCE Inflicting grievous bodily harm with intent to do soINDICTMENT ONLY
    Life imprisonment
  49. 49Can inflicting grievous bodily harm with intent to do so be racially aggravated?No, as the penalty for GBH Intent is already life imprisonment there was no perceived need to create a higher offence.
  50. 50TRUE OR FALSE It is impossible to attempt a S20 Offences Against the Person Act 1861TRUE
    Should be charged as attempted S18, as if there was an attempt, there was clearly intent

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POLICING (FIRST DAY EXAM) Flashcards on ASSAULTS, created by sah224 on 23/06/2015.
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