Which legislation cover this offence?
Assault with Intent to Resist Arrest is covered by Section 38 of the Offences Against the Person Act 1861.
What conduct would result in this charge being laid?
A person could be charged with this offence if they assaulted another person with the intention of resisting arrest, or preventing the lawful apprehension/detention of himself/herself to another, for any offence.
Does this legislation only cover assaults on police officers?
No. Also covered are others who may be trying to apprehend or detain an offender, such as store detectives.
Which other legislation could cover an assault on a police officer?
Section 89(1) of the Police Act 1996 is usually the most appropriate legislation when a police officer has been assaulted.
However, if there is clear evidence of the intent to resist apprehension, or prevent detention, and the sentencing disposals under Section 89(1) or for Common Assault are not sufficient, then a person could be charged with this Section 38 offence.
When minor injuries are sustained, and these occurred during a struggle, then it is unlikely a person would be charged under Section 38.
What are the sentencing powers for this offence?
This is an either way offence, which means sentencing can take place in the magistrates’ or crown court, depending on the seriousness of the offence.
There is a maximum penalty of two year’ imprisonment on indictment (crown court) and/or an unlimited fine.
If sentenced summarily (at the magistrates’ court), the maximum sentence is six months’ imprisonment and/or a fine not exceeding the statutory minimum.
If you have been charged with Assault with Intent to Resist Arrest, call our office today on 016234 600645 for free initial advice.
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