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Assaulting a Police Constable

Assaulting a Police Constable in the Execution of his Duty, Assaulting a Constable, Assault PC, Police Assault,

The offence of assaulting a police constable, contrary to section 89(1) of the Police Act 1996 is very similar to common assault, but is designed to offer particular protection to serving police officers. If the officer was not acting in line with his duty, then common assault would be a more appropriate charge.

If you are accused of assaulting a police constable, the prosecution must prove that:

  • You have used force against a police officer,
  • That use of force was unlawful,
  • That you have used force recklessly or intentionally, and
  • The police officer was acting in execution of their duty.

Allegations of assaulting a police constable are usually made against people who have physically resisted the police while being investigated for a separate criminal offence. The difficulty with these allegations is that often there will be several police officers whose evidence supports their colleague who has been “assaulted.”

Assaulting a police constable is a summary only offence, meaning that it can only be dealt with in the Magistrates Court or Youth Court. The maximum sentence for assaulting a police constable is 6 months imprisonment, but many convictions result in Community Orders.

If you have been accused of assaulting a police constable, it is important that you have expert advice from a specialist criminal defence lawyer. Contact us to see if we can help you find the best criminal solicitor or barrister for your case.

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Every case is unique, and everybody’s circumstances are different. If you are dealing with any of the offences discussed on this site, and need independent advice or a second opinion, contact us to see if we can help.