(It should be noted, however, that the degree of offense and penalties will be enhanced when certain types of victims of an assault are involved, such as a police officer, firefighter, school teacher, health care worker, and other victims listed under 2903.13.
Assaulting a constable in the execution of his duty is a statutory offence of aggravated assault in England and Wales, Scotland, Northern Ireland, and Hong Kong.
England and Wales[edit]
Section 89(1) of the Police Act 1996 provides:
Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.[1]
It is a summary offence. The 'starting sentence' is a short custodial sentence, and it is considered a more serious offence than common assault.
The constable must be acting 'in the execution of his duty' for this offence to be made out. If he exceeds the remit of his duty (e.g. acts unlawfully in assaulting the Defendant), the offence will not be made out.
Train simulator games. The Defendant does not actually have to be aware that the person he is assaulting is a constable.[2]
The fact that the victim is a police officer is not, in itself, an aggravating factor which would justify more serious charge. The criteria for a charge under section 47 of the Offences Against the Person Act 1861 do not distinguish between members of the public and police officers as the victim.
According to R (Fullard) v Woking Magistrates' Court (2005) EWHC 2922 (Admin) a constable cannot be acting in the execution of their duty when unlawfully on private property. Thus, if the officer is not acting under the authority of a warrant, acting under a statutory or common law power of entry, or in hot pursuit, the person lawfully in possession of land is entitled to withdraw permission for the officer to remain. Should the officer refuse to leave, the officer will cease to be 'acting in the execution of their duty'. To make an effective withdrawal of permission, clear words must be used. Merely directing offensive remarks at the officer which amount to 'go away' will not necessarily withdraw any implied permission to enter or remain. Further, when properly required to leave, the officer must be allowed a reasonable opportunity to leave. However, once the opportunity to leave voluntarily has passed, it will not be an assault for the land owner to use reasonable force to cause the officer to leave.
For the purposes of section 89 of the Police Act 1996, any person who is carrying out surveillance in England and Wales under section 76A of the Regulation of Investigatory Powers Act 2000 is to be treated as if he were acting as a constable in the execution of his duty.[3]
Scotland[edit]
Section 90 of the Police and Fire Reform (Scotland) Act 2012 provides that it is an offence for a person to, amongst other things, assault a constable in the execution of his duty or a person assisting a constable in the execution of his duty.
All online dating should be shut down. Zoosk. Probably safer that way. Wasting you're time I would have better chance at meeting someone in public.
Northern Ireland[edit]
Section 66(1) of the Police (Northern Ireland) Act 1998 (c.32) now provides that it is an offence for a person to, amongst other things, assault a constable in the execution of his duty, or a person assisting a constable in the execution of his duty.
- History
The offence of 'assault on a constable in the execution of his duty' was formerly created section 7(1)(a) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968.
Hong Kong[edit]
In Hong Kong this can be a summary offence, and also prosecutable under the Police Force Ordinance or the Offences Against the Person Ordinance. [4]
See also[edit]
References[edit]
- ^Digitised copy of s 89 from Legislation.gov.uk.
- ^R v Forbes (1865) 10 Cox CC362
- ^The Crime (International Co-operation) Act 2003, section 84(1)
- ^
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A former Upland police officer is facing three felony charges in the sexual assault of his ex-girlfriend in Pomona, authorities say.Joshua Michaels Duarte, 31, of Rowland Heights was charged with sexual battery by restraint, dissuading a witness from prosecuting a crime and assault with intent to commit a sex crime, according to the Los Angeles County district attorney’s office. On Monday, he pleaded not guilty.Prosecutors said Duarte attacked a 29-year-old woman after asking her to meet him in his vehicle on Dec. 30, which was shortly after she’d broken up with him. He was off-duty at the time.Duarte joined the Upland Police Department as a probationary officer Aug. 19 and was “released from employment” on Jan. 11, according to the agency.
The Pomona Police Department arrested him shortly afterward.