Assaults

Question 1

Common Law

Answer 1

Common Law recognises that there may be circumstances in which one person may inflict violence on another, without committing a crime.

It recognises as one of these circumstances, the right of a person to protect himself/herself from attack and to act in defence of others and if necessary to inflict violence on another in doing so. If no more than ‘reasonable’ force is used to repel the attack, such force is not unlawful. If you have an honestly held belief that you or another, are in imminent danger, then you may use such force as is reasonable and necessary to avert that danger.

Question 2

Section 3, Criminal Law Act 1967

Answer 2

“A person may use such force as is reasonable in the circumstances in the prevention of crime, or in the effecting or in the lawful arrest of offenders or suspected offenders, or of persons unlawfully at large”

Question 3

Section 117 of PACE 1984

Answer 3

“constables may use reasonable force, if necessary, in the exercise of powers under PACE, providing the exercise of this power does not first require the consent of another person”.

Question 4

What assaults can be ‘aggravated’?

Answer 4

CHAP

Criminal damage, Harassment, Assault, Public order