ChatterBank2 mins ago
Question
is there an actual offence of "assulting a police officer" ? I'm sure i heard recently that if you assult a police officer, it's classed as common assult as if it was a normal member of the public.
Can you sed any light on this ?
Thanks
HM
Can you sed any light on this ?
Thanks
HM
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.There is a separate offence of assaulting a police officer in the execution of his duty:
http://www.inbrief.co...-a-police-officer.htm
http://www.inbrief.co...-a-police-officer.htm
Yes, rojash is quite right. It is a "summary" offence for which the maximum penalty is six months custody.To support a prosecution the officer must have been acting lawfully in the course of his/her duty.
However, it is only used to prosecute assaults against police offficers which would otherwise be “Common Assault” if the victim was a civilian. More serious assaults against police are charged as Actual Bodily Harm, Grievous Bodily Harm or Grievous Bodily Harm with intent. There are no “enhanced” versions of these offences where the victim is a police officer (e.g. there is no “ABH on a police officer”). However, the fact that the victim was a police officer would seriously aggravate such an offence.
However, it is only used to prosecute assaults against police offficers which would otherwise be “Common Assault” if the victim was a civilian. More serious assaults against police are charged as Actual Bodily Harm, Grievous Bodily Harm or Grievous Bodily Harm with intent. There are no “enhanced” versions of these offences where the victim is a police officer (e.g. there is no “ABH on a police officer”). However, the fact that the victim was a police officer would seriously aggravate such an offence.
To be pedantic, the charge refers to a 'constable', rather than to 'a police officer'. It can also be brought against someone who was assisting a constable (e.g. a member of the public, trying to help a police officer to arrest a suspect) or against someone who has the powers of a constable (e.g. a prison officer).
Other members of the emergency services aren't protected by specific legislation in respect of assault (although there are offences of obstructing or hindering emergency workers) but there is a separate offence of "assaulting an immigration officer".
Chris
Other members of the emergency services aren't protected by specific legislation in respect of assault (although there are offences of obstructing or hindering emergency workers) but there is a separate offence of "assaulting an immigration officer".
Chris