Assaulting a constable in the execution of his duty
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Assaulting a constable in the execution of his duty is a statutory 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 ...
in
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 ...
,
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
,
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
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
.


England and Wales

Section 89(1) of the
Police Act 1996 The Police Act 1996c 16 is an Act of the Parliament of the United Kingdom which defined the current police areas in England and Wales, constituted police authorities for those areas, and set out the relationship between the Home Secretary and th ...
provides: It is a
summary offence 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 ...
. 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. The Defendant does not actually have to be aware that the person he is assaulting is a constable. 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 The Regulation of Investigatory Powers Act 2000 ( c.23) (RIP or RIPA) is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of comm ...
is to be treated as if he were acting as a constable in the execution of his duty.


Scotland

Section 90 of the
Police and Fire Reform (Scotland) Act 2012 The Police and Fire Reform (Scotland) Act 2012 is an Act of the Scottish Parliament. This legislation merged the eight separate police forces and fire and rescue services in Scotland, plus several central agencies, into single agencies covering t ...
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.


Northern Ireland

Section 66(1) of the
Police (Northern Ireland) Act 1998 The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and th ...
(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 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 ...
.


Hong Kong

In Hong Kong this can be a
summary offence 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 ...
, and also prosecutable under the Police Force Ordinance or the
Offences Against the Person Ordinance Offences Against the Person Act (with its variations) is a stock short title used for legislation in the United Kingdom, in the Republic of Ireland, in Hong Kong, in New Zealand, in Tasmania, in Jamaica, and in Antigua and Barbuda, relating to offe ...
. http://www.hklii.hk/eng/hk/legis/ord/212/s36.html http://www.hklii.hk/eng/hk/legis/ord/232/s63.html http://www.hklii.hk/eng/hk/legis/ord/228/s23.html


See also

*
Assaults on Emergency Workers (Offences) Act 2018 The Assaults on Emergency Workers (Offences) Act 2018 (c. 23) is an act of the Parliament of the United Kingdom. The act addresses policy issues related to attacks on emergency workers, especially government-employed officers, and defines specif ...


References

{{English criminal law navbox Offences against the person Assault