Assaults and Racially & Religiously Aggravated offences

Question 1

Define: Assault – Section 39 of the Criminal Justice Act 1988

Answer 1

Any act which intentionally or recklessly causes another person to
apprehend immediate and unlawful personal violence.

Question 2

Define: Battery – Section 39 of the Criminal Justice Act 1988

Answer 2

A person commits battery if they intentionally or recklessly apply unlawful force on another

Question 3

What are the two defences to a charge of assault or battery?

Answer 3

1. Consent.

2. Legal Justification.

Question 4

Explain: Common assault - Section 39 of the Criminal Justice Act 1988

Answer 4

Common assault covers those situations where a threat is made or force is used resulting in no injury or slight injury such as minor bruising, scratches or reddening of the skin. (Battery is actually charged as ‘common assault by beating’.)

Question 5

What are the points to prove for ABH?

Answer 5

Assault.

Actual bodily harm (ABH).

Question 6

What is ABH?

Answer 6

ABH is an injury, either physical or psychological which is ‘any hurt or injury calculated to interfere with the health or comfort of the victim’.

This would include extensive bruising, breakage of small bones, loss of teeth, and psychological injury beyond simple emotional response such as fear or distress.

The injury must be more than ‘trivial’ but does not have to be permanent.

Question 7

Define assault on a constable

Answer 7

It is an offence to assault a constable or person assisting a constable in the execution of their duty.

Question 8

Section 1(1) Emergency Workers (Obstruction) Act 2006 states:

Answer 8

A person who without reasonable excuse obstructs or hinders another while that other person is, in a capacity mentioned in subsection (2) below, responding to emergency circumstances, commits an offence.

Obstructing or hindering certain emergency workers - points to prove:

The Act provides detailed explanations of the various points above. In essence Section 1 (2) refers to the following who are on their way to an emergency, or preparing to deal with an emergency:

• Fire and rescue.
• NHS Ambulance Service
• Coastguard.
• Organ transplant services.
• RNLI staff.

An emergency is a situation where serious harm could occur to people, animals, property, or the environment.

No definition is given for ‘hindering’ or ‘obstructing’ and so the normal everyday meanings should be used, although obstructing can be wider than simply parking in the wrong place and could include providing false information.

Reasonable excuse could include a situation which is unavoidable, such as a vehicle stuck in a traffic jam.
Section 2 is a similar offence which covers those assisting emergency responders.

Question 9

Define: Section 28(a) Crime and Disorder Act 1998. Racial or Religious Aggravation

Answer 9

28(a) ‘At the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group’.

Question 10

Define: Section 28(4) of the Crime and Disorder Act 1998

Answer 10

In this section racial group means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

Question 11

Define: Section 28(5) of the Crime and Disorder Act 1998

Answer 11

In this section religious group means a group of persons defined by reference to religious belief or lack of religious belief.

Question 12

Define: Section 28 (b) Crime and Disorder Act 1998 - racial or religious motivation

Answer 12

Section 28 (b) states that” the offence is motivated by hostility towards members of a racial or religious group based on their membership of that group

Question 13

What offences that can be racially or religiously aggravated?

Answer 13

The following offences can all be racially or religiously aggravated / motivated with corresponding increases in maximum sentencing.

Section 20 Offences Against the Person Act 1861 (GBH). Section 47 of the Offences Against the Person Act 1861 (ABH).
Section 29 of the Crime and Disorder Act 1998 - Common assault and actual bodily harm.
Section 1(1) of the Criminal Damage Act 1971.
Section 4 of the Public Order Act 1986 (Fear or provocation of violence).
Section 4A of the Public Order Act 1986 (Intentional harassment, alarm or distress).
Section 5 of the Public Order Act 1986 (harassment, alarm or distress).
Section 2 of the Protection from Harassment Act 1997 (offence of harassment).
Section 4 of the Protection from Harassment Act 1997 (putting people in fear of violence).

Question 14

Define: Section 1 of the Prevention of Crime Act 1953

Answer 14

Any person who without lawful authority or reasonable excuse the proof of which shall lie with him has with him in any public place any offensive weapon.

This is an either way offence carrying 6 months imprisonment summarily or 4 years on indictment.

Question 15

Define the offence under Section 139 of the Criminal Justice Act 1988 - pointed and bladed articles

Answer 15

A person is guilty of an offence if he has an article to which this section applies with him in a public place.

This is an either way offence carrying 6 months imprisonment summarily or 4 years on indictment.

Question 16

What defences are there under Section 139 of the Criminal Justice Act 1988 - pointed and bladed articles

Answer 16

Lawful Authority - for example a police officer who seizes a knife from a suspect would have lawful authority to transport it to the station.

Use at work - butchers, carpenters, etc.

Religious reasons - the Sikh Kirpans, etc. As in the example above.

National costume - as in the Scottish example above the Dirk or Skean Dhu could be carried whilst the person was wearing the costume.

Question 17

Explain Section 139A of the Criminal Justice Act 1988 - School Premises

Answer 17

It has been recognised that the powers under both the 1953 and 1988 Acts were limited to public places and therefore children could carry knives in schools with impunity.

Section 139A was therefore inserted into the 1988 Act to overcome this. Section 139A(1) makes it an offence for any person to have with them on school premises any pointed bladed articles and Section 139A(2) an offence to have with them any offensive weapons.
School premises are defined as any land or buildings used for the purpose of:
- Primary education.
- Secondary education.
- Combined primary and secondary education.

Independent schools are also included and the offence does not have to be committed during school hours/term times.

Question 18

Define Section 141 of the Criminal Justice Act 1988

Answer 18

Any person who manufactures, sells or hires, or offers for sale or hire, exposes, or has in his possession for the purpose of sale or hire, or lens or gives to any other person, a weapon to which this section applies shall be guilty of an offence.

A person convicted of this offence is liable on summary conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale or both.