Assault with Intent to Resist Arrest
Assault with Intent to Resist Arrest is a criminal offence in the United Kingdom that involves intentionally assaulting or using force against a police officer or other law enforcement official with the intention of resisting or preventing a lawful arrest. This offence is aimed at maintaining the authority and effectiveness of law enforcement officers in carrying out their duties.
Legal Definitions
Assault with intent to resist arrest is an aggravated form of the offence of assault, which is defined under Section 39 of the Criminal Justice Act 1988. It is a more serious offence because it specifically targets the obstruction of a police officer in the lawful execution of their duties.
Elements of the Offence
To establish the offence of assault with intent to resist arrest, the following elements must typically be proven:
- Assault: The accused must intentionally use force against a police officer or law enforcement official.
- Intent to Resist Arrest: The accused must have the intention to resist or prevent a lawful arrest by using force against the police officer.
- Knowledge of Officer's Status: The accused must be aware that the individual they are assaulting is a police officer or law enforcement official acting in the course of their duty.
Penalties
The penalties for assault with intent to resist arrest can vary depending on the severity of the offence and the specific circumstances. In the United Kingdom, this offence is considered a summary offence and can lead to imprisonment upon conviction, in addition to other penalties.
Justifications and Defences
Certain justifications or defences may be raised in cases of alleged assault with intent to resist arrest, including:
- Self-Defence: The accused may claim that the force used was necessary to protect themselves from unlawful use of force by the police officer.
- Duress: If the accused can prove that they were acting under duress, or the threat of harm, they might invoke the defence of duress.
Impact and Considerations
Assault with intent to resist arrest laws play a crucial role in upholding the authority of law enforcement and ensuring their ability to execute their duties without facing violent resistance. Balancing the rights of individuals with the necessity of preserving public order and safety is an ongoing challenge in the enforcement of these laws.
References
- Criminal Justice Act 1988 - Section 39
- CPS Legal Guidance - Assault with Intent to Resist Arrest
- Police Powers and Accountability - Amnesty International
- Criminal Defence Solicitors - Assault with Intent to Resist Arrest
