Assault with intent to resist arrest
Assault with intent to resist arrest[1] is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.
England and Wales
This offence is created by section 38 of the Offences against the Person Act 1861 which provides:
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 misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, ...[2]
Repeals
The words omitted in the first place were repealed by section 64(3) of, and Part I of Schedule 10 to, the Police Act 1964 and section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967. The words omitted at the end were repealed by section 1(2) of the Criminal Justice Act 1948.
Lawful apprehension or detainer for any offence
See R v Self.[3]
See arrest.
Misdemeanour
See the Criminal Law Act 1967.
Visiting forces
This offence is an offence against the person for the purposes of section 3 of the Visiting Forces Act 1952.[4]
Mode of trial
This offence is triable either way.[5]
Sentence
A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding two years,[6] or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.[7]
There is also a general power to fine on indictment.
Northern Ireland
This offence is created by section 7(1) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28 (N.I.)), which replaces the corresponding provision in section 38 of the Offences against the Person Act 1861.
Republic of Ireland
This offence is created by section 19(1)(c) of the Criminal Justice (Public Order) Act, 1994, which replaces the corresponding provision in section 38 of the Offences against the Person Act 1861.
History
As to the summary trial of offences under section 38 of the Offences against the Person Act 1861, see section 2 of, and paragraph 9 of the First Schedule to, the Criminal Justice Act, 1951.
References
- ^ It is so described by Archbold Criminal Pleading, Evidence and Practice, 1999, at page 1628. Paragraph 5(g) of Schedule 1 to the Magistrates' Courts Act 1980 describes it as assault with intent to resist apprehension.
- ^ "Offences against the Person Act 1861: Section 38", legislation.gov.uk, The National Archives, 1861 c. 100 (s. 38)
- ^ R v Self [1992] 1 WLR 657, [1992] 3 All ER 476, 95 Cr App R 42, [1992] Crim LR 572, CA.
- ^ The Visiting Forces Act 1952, section 3(6) and "Schedule"., paragraph 1(b)(i)
- ^ The Magistrates' Courts Act 1980, section 17(1) and Schedule 1, "paragraph 5(g)".
- ^ The Offences against the Person Act 1861, section 38; the Criminal Justice Act 1948, section 1(2)
- ^ The Magistrates' Courts Act 1980, section 32(1)
- v
- t
- e
- Actus reus
- Causation
- Mens rea
- Intention (criminal law)
- Intention in English law
- Recklessness
- Criminal negligence
- Corporate / Vicarious / Strict liability
- Omissions
- Self-defence
- Duress
- Necessity
- Loss of control
- Consent
- inc. participation in a sporting event
- Medical procedures
- Prevention of crime
- Lawful excuse
- Insanity
- Diminished responsibility
- Intoxication
- Category:Criminal defences
the person
- Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide)
- Unlawful killing
- Child destruction
- Concealment of birth
- Wounding or causing grievous bodily harm
- Assault occasioning actual bodily harm
- Common assault
- Attempting to choke, &c. in order to commit any indictable offence
- Assault with intent to rob
- Robbery
- Assault with intent to rape
- Assault with intent to resist lawful apprehension
- Assaulting a constable in the execution of his duty
- Battery
- Kidnapping
- Child abduction
- False imprisonment
- Harassment
- Offences Against the Person Act 1861
- Treason
- Riot
- Violent disorder
- Affray
- Unlawful assembly
- Fear or provocation of violence
- Harassment, alarm or distress
- Public Order Act 1986
- Incitement to ethnic or racial hatred
- Nuisance
- Causing Public nuisance
- Outraging public decency
- Effecting a public mischief
- Keeping a disorderly house
- Preventing the lawful burial of a body
- Breach of the peace
- Rout
- Forcible entry
- Accessory (legal term)
- Misconduct in a public office
- Misfeasance in public office
- Abuse of authority
- Perjury of oath
- Dereliction of duty
- Arson
- Dishonesty
- Cheating (law)
- Burglary
- Robbery
- Theft
- Criminal damage
- Squatting
- Trespass
- Taking without owner's consent
- Deception
- Handling stolen goods
- Misappropriation of funds
- Blackmail
- Extortion
- Cybercrime
- Theft Act 1968
- Theft Act 1978
- Fraud Act 2006
- Fraud by abuse of position
- Conspiracy to defraud
- Fare evasion
- Webcam blackmail
and cheating
- Bribery
- Perjury
- Perverting the course of justice
- Witness intimidation
- Witness tampering
- Misprision of treason
- Jury tampering
- Assault with intent to resist lawful apprehension
- Assaulting a constable in the execution of his duty
- Harboring a fugitive
- Encouraging or assisting a crime
- Escape from lawful custody
- Obstruction of justice
- Obstruction of a police officer
- Wasting police time
- Refusing to assist a constable
- Sedition
- Espionage
- Contempt of court
- Fabrication of false evidence
- Rescuing a prisoner
- Contract
- Tort
- Property
- Wills
- Trusts and estates
- Evidence
- Criminal procedure
- English law portal
- For obsolete aspects see History of English criminal law table