Assault PC

Section 89 Police Act 1996 creates the offence.

It includes a special constable and any member of the police irrespective of actual rank.

The constable must be carrying out his duty at the time of the assault. If he goes beyond his duty, for example by catching hold of a person whom he is not arresting, then this offence is not committed by a person resisting him with reasonable force. The line between duty and what lies beyond is not easily discernible. This needs reference to many decided cases in the higher courts.

This offence can only be dealt with in the Magistrates Court and the maximum penality is a level 5 fine (£5000) and 6 months imprisonment.

There are available defences to this charge. To discuss whether you have a defence to this charge please contact us. The free no obligation consultation will provide you with the ability to make an informed decision as to how you should proceed. Alternatively, complete the enquiry form below and a solicitor will be in contact with you.