ⓘ Assault with intent to resist arrest

                                     

ⓘ Assault with intent to resist arrest

Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.

                                     

1. England and Wales

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

Whosoever. shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years.

                                     

1.1. England and Wales Visiting forces

This offence is an offence against the person for the purposes of section 3 of the Visiting Forces Act 1952.

                                     

1.2. England and Wales Sentence

A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding two years, or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.

There is also a general power to fine on indictment.

                                     

2. Northern Ireland

This offence is created by section 71 of the Criminal Justice Miscellaneous Provisions Act Northern Ireland 1968, which replaces the corresponding provision in section 38 of the Offences against the Person Act 1861.

                                     

3. Republic of Ireland

This offence is created by section 191c of the Criminal Justice Public Order Act, 1994, 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, see section 2 of, and paragraph 9 of the First Schedule to, the Criminal Justice Act, 1951.