Points to prove
- 1. The defendant did an act which was more than merely preparatory to committing an assault occasioning actual bodily harm (s 47 OAPA 1861) on another person
- 2. At the time of the act the defendant intended to assault that person — to apply unlawful force to them or cause them to apprehend immediate unlawful violence
- 3. The defendant intended thereby to occasion actual bodily harm — for an attempt, intention as to the harm is required; recklessness is insufficient
Defences
- Self-defence / defence of another / prevention of crime (common law; s 76 Criminal Justice and Immigration Act 2008; s 3 Criminal Law Act 1967) — the force intended must be unlawful
Mode of trial & maximum penalty
Either way — Summary: 6 months' imprisonment and/or a fine; Indictment: 5 years' imprisonment and/or a fine
Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.
Sources
- www.legislation.gov.uk/ukpga/1981/47/section/4
- www.cps.gov.uk/legal-guidance/offences-against-person-incorporat
- www.legislation.gov.uk/ukpga/Vict/24-25/100/section/47
- www.legislation.gov.uk/ukpga/1981/47/section/1
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