What is common assault, and where does it legally come from?

A COMMON LAW offence (not created by statute) — causing another to apprehend immediate unlawful force, or applying unlawful force, no injury required. s.39 Criminal Justice Act 1988 sets the PENALTY and mode of trial

What is "battery" as distinct from "assault" technically?

Assault is causing someone to apprehend immediate unlawful force; battery is actually applying unlawful force. Both are common law offences (s.39 CJA 1988 sets penalty/triability, not the offence itself), charged as alternatives depending on the facts

What is s.20 GBH/Wounding (malicious wounding)?

s.20 OAPA 1861 — unlawfully and maliciously wounding or inflicting grievous bodily harm

What are the elements of s.20 OAPA

Intention or recklessness as to causing SOME physical harm — not necessarily foreseeing serious/grievous harm specifically. This is a lower bar than s.18's specific intent

s.18 OAPA 1861 — causing GBH or wounding, WITH specific intent to cause GBH or to resist/prevent lawful arrest — the most serious, indictable only

Order the 4 assault offences from least to most serious

Common assault -> ABH (s.47) -> GBH/wounding (s.20) -> GBH with intent (s.18)

What is the key distinguishing element between s.20 and s.18?

Specific intent — s.18 requires intent to cause GBH specifically; s.20 only requires intent/recklessness as to some harm- i.e intend to cause some minor harm- but accidentally caused significant harm

Which Act creates the offence of assault on an emergency worker, and what does it do?

Assaults on Emergency Workers (Offences) Act 2018 — makes common assault/battery against an emergency worker triable either-way with a higher maximum sentence than ordinary common assault

What is the current maximum sentence for assaulting an emergency worker, and since when?

2 years' imprisonment, for offences committed on or after 28 June 2022 (increased from 12 months by the Police, Crime, Sentencing and Courts Act 2022)

Which Act/sections cover racially or religiously aggravated offences generally?

ss.28–32 Crime and Disorder Act 1998 — s.29 specifically covers aggravated assault, but the aggravated framework spans several sections, not s.29 alone

What is the legal test for self-defence?

Whether the person honestly believed force was necessary, and whether the force used was reasonable in the circumstances as they believed them to be

Help

Options

focusNode

Didn't know it?
click below

Knew it?
click below

Don't Know

Remaining cards (0)

Know

retry

shuffle

restart

0:00

Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

Normal Size Small Size show me how

PACE

Assault

Question	Answer
What is common assault, and where does it legally come from?	A COMMON LAW offence (not created by statute) — causing another to apprehend immediate unlawful force, or applying unlawful force, no injury required. s.39 Criminal Justice Act 1988 sets the PENALTY and mode of trial
What is "battery" as distinct from "assault" technically?	Assault is causing someone to apprehend immediate unlawful force; battery is actually applying unlawful force. Both are common law offences (s.39 CJA 1988 sets penalty/triability, not the offence itself), charged as alternatives depending on the facts
What is ABH (Actual Bodily Harm)?
What is s.20 GBH/Wounding (malicious wounding)?	s.20 OAPA 1861 — unlawfully and maliciously wounding or inflicting grievous bodily harm
What are the elements of s.20 OAPA	Intention or recklessness as to causing SOME physical harm — not necessarily foreseeing serious/grievous harm specifically. This is a lower bar than s.18's specific intent
What is s.18 GBH	s.18 OAPA 1861 — causing GBH or wounding, WITH specific intent to cause GBH or to resist/prevent lawful arrest — the most serious, indictable only
Order the 4 assault offences from least to most serious	Common assault -> ABH (s.47) -> GBH/wounding (s.20) -> GBH with intent (s.18)
What is the key distinguishing element between s.20 and s.18?	Specific intent — s.18 requires intent to cause GBH specifically; s.20 only requires intent/recklessness as to some harm- i.e intend to cause some minor harm- but accidentally caused significant harm
Which Act creates the offence of assault on an emergency worker, and what does it do?	Assaults on Emergency Workers (Offences) Act 2018 — makes common assault/battery against an emergency worker triable either-way with a higher maximum sentence than ordinary common assault
What is the current maximum sentence for assaulting an emergency worker, and since when?	2 years' imprisonment, for offences committed on or after 28 June 2022 (increased from 12 months by the Police, Crime, Sentencing and Courts Act 2022)
Which Act/sections cover racially or religiously aggravated offences generally?	ss.28–32 Crime and Disorder Act 1998 — s.29 specifically covers aggravated assault, but the aggravated framework spans several sections, not s.29 alone
What is the legal test for self-defence?	Whether the person honestly believed force was necessary, and whether the force used was reasonable in the circumstances as they believed them to be

Created by: UPJP

"Know" box contains:
Time elapsed:
Retries: