Assaulting a Police Constable in the execution of his duty or assaulting a person assisting a constable in the execution of his duty and assaulting a Court Security Officer in the execution of his duty.
Section 89 of the Police Act 1996
A fine up to level 5 and/or up to 6 months’ imprisonment.
Things to Know
The offence can only be tried in the Magistrates’ Court. The offence only applies if the Constable (which can include any member of the police irrespective of actual rank) is acting at the time of the assault in the execution of his duty. Therefore if the officer goes beyond what is considered in the execution of his duty, for example if he uses unreasonable force to try to detain someone and he is assaulted in those circumstances then the assault is not made out. Please note that in these circumstances a different type of assault may be appropriate.
Court Security Officers shall not be regarded as acting in the execution of his duty unless he is readily identifiable by a badge or a uniform.
This is a serious offence and will normally attract a custodial sentence upon conviction. This is so even where the offender has been of previous good character. The Court will also consider any aggravating features, such as whether weapons were used, whether the assault was prolonged, the extent of the injuries and whether the attack was unprovoked. For representation by one of our criminal law solicitors get in touch today by phoning 0800 876 6749 or by filling out our Contact Form.