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.

England and Wales

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

Repeals

The words omitted in the first place were repealed by section 64 of, and Part I of Schedule 10 to, the Police Act 1964 and section 10 of, and Part III of Schedule 3 to, the Criminal Law Act 1967. The words omitted at the end were repealed by section 1 of the Criminal Justice Act 1948.

Lawful apprehension or detainer for any offence

See R v Self, 1 WLR 657, 3 All ER 476, 95 Cr App R 42, Crim LR 572, CA.
See arrest.

Misdemeanour

See the Criminal Law Act 1967.

Visiting forces

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

Mode of trial

This offence is triable either way.

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.

Northern Ireland

This offence is created by section 7 of the Criminal Justice Act 1968, which replaces the corresponding provision in section 38 of the Offences against the Person Act 1861.

Republic of Ireland

This offence is created by of the Criminal Justice 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 of, and paragraph 9 of the to, the Criminal Justice Act, 1951.