Assault (Constable)
The Police Act 1996 s89(1)
"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 a fine not exceeding level 5
on the standard scale or both"
the Constable 'MUST' be acting in the
'EXECUTION OF HIS DUTY' for this
offence to be made out.
If the Constable exceeds the 'remit of
his duty 'ie ACTS UNLAWFULLY
in Assaulting the Defendant
the offence will not be made out.
The Defendant does not actually have
to be aware that the person he is
assaulting is a Constable.
There is no offence of 'resisting arrest'
in itself in England and Wales,however,
it is unlawful to assault a Police Officer
attempting to perform an arrest.
further it is unlawful to interfere with the
arrest of another person.
It is not a crime to obstruct an unlawful
arrest,however,it does constitute an offence
if a person assaults another,believing his
arrest to be unlawful and lawfulness is later
established
The Vagrancy Act 1824
concerning "violently resisting" a constable
"and every person apprehended as an idle
and disorderly person and violently resisting
any constable,or other peace officer so
apprehending him or her.and being
subsequently convicted of the offence for
which he or she shall have been so
apprehended,shall be deemed a rogue and
vagabond,within the true intent and meaning
of this Act"
ASSAULT CONSTABLE IN
EXECUTION OF DUTY.
ASSAULT WITH INTENT TO
RESIST OR PREVENT LAWFUL
ARREST