Points to prove
- 1. Identify the conduct, state of affairs, or legal power described by Assault/Resist/Impersonate and Obstruct—Police or Designated/Accredited Person or Emergency Workers.
- 2. Link that conduct to the statutory/common-law source: Police Act 1996, s 89; Emergency Workers (Obstruction) Act 2006, s 1; Assaults on Emergency Workers (Offences) Act 2018, s 1; Police Reform Act 2002, ss 38, 46.
- 3. Prove any required act, status, mental element, or circumstance contained in the offence/topic description.
Defences
- No specific standalone defence was extracted from the source text; consider any applicable statutory defence, reasonable excuse, lawful authority, self-defence, necessity, consent, identification challenge, or other common-law defence on the facts.
Mode of trial & maximum penalty
Varies by offence / see legislation — Varies by offence — assaulting a constable in execution of duty (Police Act 1996, s 89(1)): Summary: 6 months' imprisonment and/or a level 5 fine; resisting/wilfully obstructing a constable (s 89(2)): Summary: 1 month's imprisonment and/or a level 3 fine. Assaulting an emergency worker (Assaults on Emergency Workers (Offences) Act 2018, s 1): Summary: 6/12 months' imprisonment and/or a fine; Indictment: 2 years' imprisonment and/or a fine. Obstructing/hindering an emergency worker responding to emergency circumstances (Emergency Workers (Obstruction) Act 2006, s 1): Summary: level 5 fine. Assaulting a designated/accredited person (Police Reform Act 2002, s 46(1)): Summary: 6 months' imprisonment and/or a level 5 fine; resisting/obstructing (s 46(2)): Summary: 1 month's imprisonment and/or a level 3 fine; impersonating a designated/accredited person (s 46(3)): Summary: 6 months' imprisonment and/or a level 5 fine
Sources
- www.legislation.gov.uk/ukpga/1996/16/section/89
- www.legislation.gov.uk/ukpga/2018/23/section/1
- www.legislation.gov.uk/ukpga/2006/39/section/4
- www.legislation.gov.uk/ukpga/2002/30/section/46
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