Q: What is Common Assault?
A: Causing another to fear immediate unlawful violence (no physical contact needed).
Q: What Act covers Common Assault and Battery?
A: Criminal Justice Act 1988 Section 39.
Q: What is the maximum sentence for Common Assault?
A: 6 months (or 12 if racially/religiously aggravated).
Q: What is Battery?
A: Unlawful physical contact however slight (e.g. slap, shove, hair-pull).
Q: Does Battery require injury?
A: No — just unlawful touching.
Q: What is ABH (Actual Bodily Harm)?
A: Any hurt or injury that is more than transient or trifling (e.g., bruises, swelling, cuts).
Q: What Act covers ABH?
A: Offences Against the Person Act 1861 Section 47.
Q: What is the mens rea for ABH?
A: Only the mens rea for Common Assault or Battery — the harm itself does not need to be intended.
Q: What is GBH (Grievous Bodily Harm)?
A: Really serious harm (e.g., broken bones, significant injuries).
Q: What Act covers GBH?
A: Section 20 OAPA 1861 — “malicious wounding or inflicting GBH”.
Q: What is required for S20 GBH?
A: Intention or recklessness as to causing some harm (not necessarily serious harm).
Q: What is GBH with intent?
A: Causing really serious harm with specific intent to cause GBH or resist arrest.
Q: What Act covers GBH with intent?
A: Section 18 OAPA 1861.
Q: What is the difference between S20 and S18? (OAPA 1861)
A: S18 requires specific intent to cause serious harm; S20 only requires recklessness.
Q: What is a racially or religiously aggravated assault?
A: Any assault motivated by hostility to race or religion or accompanied by racist/religious abuse.
Q: What Act covers racially/religiously aggravated assault?
A: Crime and Disorder Act 1998 Sections 28–32.
Q: What Act covers assault on an emergency worker?
A: Assaults on Emergency Workers (Offences) Act 2018.
Q: What is Obstructing a Constable?
A: Wilfully obstructing a police officer in the lawful execution of their duty.
Q: What Act covers Obstructing a Constable?
A: Police Act 1996 Section 89(2).
Q: What is Assault with intent to resist arrest?
A: Assaulting someone (often an officer) while attempting to prevent or resist lawful arrest.
Q: What Act covers assault with intent to resist arrest?
A: Section 38 OAPA 1861.
