ASSAULTS

sah224
Flashcards by sah224, updated more than 1 year ago
sah224
Created by sah224 almost 6 years ago
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POLICING (FIRST DAY EXAM) Flashcards on ASSAULTS, created by sah224 on 06/23/2015.

Resource summary

Question Answer
LEGISLATION 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 S89 Police Act 1989
S89 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
LEGISLATION 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 S38 Offences Against the Person Act 1861
S38 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.
LEGISLATION 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
S1, 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).
LIST Defences against a charge of assault or battery 1) 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)
Consent 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)
LEGISLATION That allows of reasonable chastisement of a child by parents or adults acting in loco parentis S39 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.
S39 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.
LEGISLATION 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
S3 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.
LEGISTLATION Constables may use reasonable force, if necessary, in the exercise of other powers under PACE. S117 Police and Criminal Evidence Act 1984
S117 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.
Describe the instances in which self defence may be used as a defence against assault A person may use such force as is reasonable in the circumstances for the purposes of defending themselves, another or property.
LEGISLATION That prevents the taking of a life in the defence of property. Article 2(2) European Convention on Human Rights
The 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.
What 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).
LIST The three offences that can be aggravated where the offending is racially motivated or based on racial hostility Common assault Assault occasioning ABH Wounding/Inflicting GBH
DEFINE Racial or religious aggravation FROM 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.
An aggravated offence is committed if At 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.
TRUE OR FALSE There is no difference between the the sentencing powers available for basic and aggravated offences. FALSE Aggravated offences attract increased sentencing powers.
TRUE 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)
LEGISLATION Which provide for aggravated offences Crime 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
LIST Levels of assault from least to most serious Common Assault Battery Actual Bodily Harm Wounding/Grievous Bodily Harm Wounding/Grievous Bodily Harm with Intent
DEFINE Assault Any act by which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.
TRUE 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)
LEGISLATION Which makes common assault and battery offences? S39 Criminal Justice Act 1988
S39 Criminal Justice Act 1988 makes what a offence? Common assault Battery
LEGISLATION Which causes assault occasioning actual bodily harm to be an offence S47 Offences Against the Person Act 1861
S47 Offences Against the Person Act 1861 causes what to be an offence? Assault occasioning actual bodily harm
LEGISLATION That causes wounding/grievous bodily harm to be an offence S20 Offences Against the Person Act 1861
S20 Offences Against the Person Act 1861 causes what to be an offence? Wounding/grievous bodily harm
LEGISLATION Which causes wounding/inflicting grievous bodily harm with intent to do so to be an offence S18 Offences Against the Person Act 1861
S18 Offences Against the Person Act 1861 causes what to be an offence? Wounding/inflicting grievous bodily harm with intent to do so
TRUE OR FALSE Common assault and battery should be charged together where appropriate so at least one conviction is secured FALSE These are alternative offences and should never be charged together.
What level of injury is required for a charge of battery The application of force by an assailant on a victim but where it only results in very minor or no perceivable injury.
What 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]).
SENTENCE Common assault and common assault by beating SUMMARILY ONLY six months imprisonment
SENTENCE Assault occasioning actual bodily harm EITHER WAY S) six months imprisonment and/or fine OR I) five years imprisonment
SENTENCE Wilfully obstructing a police officer in the lawful execution of their duties contrary to S89(2) Police Act 1996 SUMMARILY One month imprisonment
SENTENCE Assault of a police officer in the lawful execution of their duties contrary to S89(1) Police Act 1996 SUMMARILY Six months imprisonment
SENTENCE 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 1861 SUMMARILY Two years imprisonment
DEFINE Maliciously, in the context of wounding An 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)
What 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
What 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)
SENTENCE Unlawful and malicious wounding or inflicting grievous bodily harm EITHER WAY S) Six months imprisonment and/or fine I) Five years imprisonment
SENTENCE Inflicting grievous bodily harm with intent to do so INDICTMENT ONLY Life imprisonment
Can 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.
TRUE OR FALSE It is impossible to attempt a S20 Offences Against the Person Act 1861 TRUE Should be charged as attempted S18, as if there was an attempt, there was clearly intent
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