Diff: Assault with Intent to Resist Arrest
Comparing revision #2 (2024-05-31 23:57:45) with revision #3 (2026-06-22 07:18:30).
| Old | New |
|---|---|
'''Assault with intent to resist arrest''' is an offence under section 38 of the [[Offences Against the Person Act 1861]]. In England and Wales, it applies where a person assaults another with intent to resist or prevent the lawful apprehension or detention of themselves or another person for any offence. |
|
'''Assault with Intent to Resist Arrest''' is a criminal offence in the [[United Kingdom]] that involves intentionally assaulting or using force against a [[police officer]] or other law enforcement official with the intention of resisting or preventing a [[lawful arrest]]. This offence is aimed at maintaining the authority and effectiveness of law enforcement officers in carrying out their duties. |
|
The offence is wider than assaulting a police officer. It can apply to assaults on other people involved in a lawful apprehension or detention, including store detectives or members of the public in appropriate circumstances. |
|
== Legal Definitions == |
|
Assault with intent to resist arrest is an aggravated form of the offence of assault, which is defined under Section 39 of the Criminal Justice Act 1988. It is a more serious offence because it specifically targets the obstruction of a police officer in the lawful execution of their duties. |
|
== Legal Basis == |
|
Section 38 of the Offences Against the Person Act 1861 creates the offence. CPS guidance describes it as committed when a person assaults another person with intent to resist arrest or prevent the lawful apprehension or detention of themselves or another for any offence. |
|
== Elements of the Offence == |
|
To establish the offence of assault with intent to resist arrest, the following elements must typically be proven: |
|
The offence is triable either way and carries a maximum sentence of two years' imprisonment. |
|
# [[Assault]]: The accused must intentionally use force against a police officer or law enforcement official. |
|
# Intent to Resist Arrest: The accused must have the intention to resist or prevent a lawful arrest by using force against the police officer. |
|
# Knowledge of Officer's Status: The accused must be aware that the individual they are assaulting is a police officer or law enforcement official acting in the course of their duty. |
|
== Elements == |
|
The prosecution must normally prove: |
|
== Penalties == |
|
The penalties for assault with intent to resist arrest can vary depending on the severity of the offence and the specific circumstances. In the United Kingdom, this offence is considered a [[summary offence]] and can lead to imprisonment upon conviction, in addition to other penalties. |
|
* An assault. |
|
* An intention to resist or prevent lawful apprehension or detention. |
|
* That the apprehension or detention was lawful. |
|
* That the intent related to the defendant or another person. |
|
== Justifications and Defences == |
|
Certain justifications or defences may be raised in cases of alleged assault with intent to resist arrest, including: |
|
The assault does not have to cause serious injury. If serious injury is caused, a more serious charge may be appropriate. |
|
* Self-Defence: The accused may claim that the force used was necessary to protect themselves from unlawful use of force by the police officer. |
|
* Duress: If the accused can prove that they were acting under duress, or the threat of harm, they might invoke the defence of duress. |
|
== Lawful Apprehension or Detention == |
|
The word "lawful" is important. If the arrest, apprehension, or detention is not lawful, the section 38 offence may fail. |
|
== Impact and Considerations == |
|
Assault with intent to resist arrest laws play a crucial role in upholding the authority of law enforcement and ensuring their ability to execute their duties without facing violent resistance. Balancing the rights of individuals with the necessity of preserving public order and safety is an ongoing challenge in the enforcement of these laws. |
|
Lawful apprehension can include a police arrest. It can also include lawful detention by a person other than a constable, such as a store detective or shop worker relying on a lawful citizen's arrest power where the statutory requirements are met. |
|
== Relationship With Police Act 1996 == |
|
Section 89 of the [[Police Act 1996]] creates summary offences of assaulting a constable in the execution of duty and resisting or wilfully obstructing a constable. Section 38 is different because it is an either-way offence, can involve non-police victims, and focuses on intent to resist or prevent lawful apprehension or detention. |
|
If the person assaulted is an emergency worker acting as such, the [[Assaults on Emergency Workers (Offences) Act 2018]] may also be relevant. |
|
== Relationship With Citizen's Arrest == |
|
Section 38 can arise where a non-police person is trying to lawfully detain a suspect. For example, theft is an either-way offence and can fall within section 24A of the [[Police and Criminal Evidence Act 1984]] if the strict citizen's arrest conditions are met. |
|
If a shop worker lawfully detains someone for suspected theft and is assaulted by the suspect trying to escape, section 38 may be considered. If the detention is unlawful, the prosecution position is weaker. |
|
== Practical Examples == |
|
=== Shop Theft Detention === |
|
A store detective sees a suspect steal goods and lawfully detains them while police are called. The suspect punches the store detective to get away. Section 38 may be considered because the assault is linked to resisting lawful detention. |
|
=== Preventing Another Person's Arrest === |
|
A person attacks someone who is lawfully detaining their friend. Section 38 can apply where the intent is to prevent lawful apprehension or detention of another person. |
|
=== Unlawful Detention === |
|
A private person grabs someone with no lawful basis and tries to hold them. If the detained person pushes them away, section 38 may not apply because the detention itself was not lawful. |
|
=== Serious Injury === |
|
A suspect stabs someone while trying to escape lawful detention. Section 38 may be relevant, but prosecutors may choose a more serious offence such as section 18 or section 20 depending on injury and intent. |
|
== See Also == |
|
* [[Offences Against the Person Act 1861]] |
|
* [[Citizen's Arrest]] |
|
* [[Obstruction of a Constable]] |
|
* [[Police and Criminal Evidence Act 1984]] |
|
* [[Assault occasioning Actual Bodily Harm]] |
|
== References == |
== References == |
* [https://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/38 Offences Against the Person Act 1861, section 38] |
|
* [https://www.cps.gov.uk/prosecution-guidance/offences-against-person-incorporating-charging-standard Crown Prosecution Service: Offences against the person] |
|
* [https://www.legislation.gov.uk/ukpga/1996/16/section/89 Police Act 1996, section 89] |
|
* [https://www.legislation.gov.uk/ukpga/1984/60/section/24A Police and Criminal Evidence Act 1984, section 24A] |
|
* [https://sentencingcouncil.org.uk/guidelines/assault-with-intent-to-resist-arrest-for-consultation-only Sentencing Council: Assault with intent to resist arrest consultation guideline] |
|
# [[Criminal Justice Act 1988]] - Section 39 |
|
# CPS Legal Guidance - Assault with Intent to Resist Arrest |
|
# Police Powers and Accountability - Amnesty International |
|
# Criminal Defence Solicitors - Assault with Intent to Resist Arrest |
|
[[Category:Law]] |
|
[[Category:Criminal law]] |
|
[[Category:UK law]] |