Violence

Question 1

When is a Breach of the Peace committed ?

Answer 1

Whenever harm is done, or is likely to be done to a person, or,

In his presence to his property, or

Whenever a person is in fear of being harmed through an assault, riot or other disturbance.

Question 2

Do officers have the Power of entry to a private premises under Breach of the Peace ?

Answer 2

Yes. Under Common Law.

Question 3

What happens when the Breach of the Peace is no longer ?

Answer 3

De-arrest

Question 4

What Section covers Common assault/battery under the Criminal Justice Act 1988?

Answer 4

S.39

Question 5

What offence type is Common assault/battery?

Answer 5

Summary only

Question 6

What is the max sentence for Common Assault/Battery ?

Answer 6

6 month imprisonment

Question 7

When is a common assault committed ?

Answer 7

When a person INTENTIONALLY or RECKLESSLY causes another to APPREHEND the IMMEDIATE infliction of UNLAWFUL force.

Question 8

When is a battery committed ?

Answer 8

When a person INTENTIONALLY or RECKLESSLY applies UNLAWFUL force to another.

Question 9

Would a broken eye socket amount to battery ?

Answer 9

No, the injury is too severe.

Question 10

Does physical contact need to be made to complete the offence of common assault ?

Answer 10

No. They simply have to believe they are about to have unlawful violence inflicted upon them.

Question 11

Can common assault/ battery be racially or religiously motivated ?

Answer 11

Yes. It is then Triable either way.

Question 12

What Section covers ABH under the Offences Against the Persons Act 1861 ?

Answer 12

S.47

Question 13

What offence type is ABH?

Answer 13

Triable either way.

Question 14

What is the max sentence for ABH ?

Answer 14

5 years imprisonment

Question 15

What are the points to prove for ABH?

Answer 15

-UNLAWFULLY ASSAULTED ANOTHER PERSON

-THEREBY OCCASIONING

-ACTUAL BODILY HARM

Question 16

Is Psychological harm covered under ABH ?

Answer 16

Yes. More than mere emotions such as fear/distress/panic.

Question 17

Can ABH be racially or religiously motivated ?

Answer 17

Yes. Under the Crime and Disorder Act.

Question 18

What Section covers GBH under the Offences Against the Persons Act 1861 ?

Answer 18

S.20

Question 19

What offence type is GBH?

Answer 19

Triable either way.

Question 20

What is the max sentence for GBH ?

Answer 20

5 years imprisonment

Question 21

What are the points to prove for GBH?

Answer 21

-UNLAWFULLY AND MALICIOUSLY

-WOUNDED OR INFLICTED GRIEVOUS BODILY HARM

-UPON ANOTHER PERSON

Question 22

What Section covers GBH with INTENT under the Offences Against the Persons Act 1861 ?

Answer 22

S.18

Question 23

What offence type is GBH with INTENT ?

Answer 23

Indictable.

Question 24

What is the max sentence for GBH with INTENT ?

Answer 24

Life imprisonment.

Question 25

What Section covers Threats to Kill under the Offences Against the Persons Act 1861 ?

Answer 25

S.16

Question 26

What offence type is Threats to Kill?

Answer 26

Triable either way.

Question 27

What is the Max sentence for Threats to Kill?

Answer 27

10 years imprisonment

Question 28

What are the Points to Prove for Threats to Kill?

Answer 28

-WITHOUT LAWFUL EXCUSE

-MADE THREAT TO KILL A PERSON

-INTENDING TO CAUSE FEAR THREAT WOULD BE CARRIED OUT.

Question 29

What are the Points to prove for GBH with intent ?

Answer 29

-UNLAWFULLY AND MALICIOUSLY

-CAUSED GRIEVOUS BODILY HARM OR WOUNDED

-A PERSON

-WITH INTENT

-TO DO GRIEVOUS BODILY HARM OR RESIST/PREVENT THE LAWFUL APPREHENSION OR DETENTION OF SELF/ANOTHER PERSON.