Assault with intent to

resist arrest Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest. In most cases, the person responsible for resisting arrest is crim ...

is a

statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

offence of

aggravated assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

and

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...

and the

Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...

England and Wales

This offence is created by section 38 of the Offences against the Person Act 1861 which provides:

Repeals

The words omitted in the first place were repealed by section 64(3) of, and Part I of Schedule 10 to, the

Police Act 1964 The Police Act 1964 (1964 c.48) was an Act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise lo ...

and section 10(2) of, and Part III of Schedule 3 to, the

Criminal Law Act 1967 The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. Territ ...

. The words omitted at the end were repealed by section 1(2) of the

Criminal Justice Act 1948 The Criminal Justice Act 1948 () is an Act of the Parliament of the United Kingdom. Overview It is "one of the most important measures relating to the reform of the criminal law and its administration". It abolished: * penal servitude, har ...

Lawful apprehension or detainer for any offence

See R v Self,

992 Year 992 ( CMXCII) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Worldwide * Winter – A superflare from the sun causes an Aurora Borealis, with visibility as fa ...

1 WLR 657,

3 All ER 476, 95 Cr App R 42,

Crim LR 572, CA. See

arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...

Misdemeanour

See the

Visiting forces

This offence is an

offence against the person In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. They are usually analysed by division into the foll ...

for the purposes of section 3 of the

Visiting Forces Act 1952 The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom.Section 3provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, inte ...

Mode of trial

This offence is triable

either way A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...

Sentence

A person guilty of this offence is liable, on

conviction In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is consid ...

indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...

, to imprisonment for a term not exceeding two years, or, on

summary conviction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offenc ...

, to imprisonment for a term not exceeding six months, or to a fine not exceeding the

prescribed sum The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates. In Scotl ...

, or to both.The

Magistrates' Courts Act 1980 The Magistrates' Courts Act 1980 (c. 43) is an Act of the Parliament of the United Kingdom. It is a consolidation Act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the p ...

, section 32(1) There is also a general power to fine on indictment.

Northern Ireland

This offence is created by section 7(1) of the

Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...

, which replaces the corresponding provision in section 38 of the Offences against the Person Act 1861.

Republic of Ireland

This offence is created b
section 19(1)(c)
of the

Criminal Justice (Public Order) Act, 1994 The Criminal Justice (Public Order) Act 1994 is legislation that covers public order offences in the Republic of Ireland. It is the main legislation on the matter of public order. It deals with how people behave in public places and provides for ...

, which replaces the corresponding provision in section 38 of the Offences against the Person Act 1861. History As to the summary trial of offences under section 38 of the Offences against the Person Act 1861, se
section 2
of, and paragraph 9 of th

to, the Criminal Justice Act, 1951.

References

{{English criminal law navbox Crimes