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Assault with intent to resist arrest
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Assault with intent to resist arrest : ウィキペディア英語版
Assault with intent to resist arrest
Assault with intent to resist arrest〔It is so described by Archbold Criminal Pleading, Evidence and Practice, 1999, at page 1628. Paragraph 5(g) of Schedule 1 to the Magistrates' Courts Act 1980 describes it as assault with intent to resist apprehension.〕 is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.
==England and Wales==
This offence is created by section 38 of the Offences against the Person Act 1861 which provides:
Repeals
The words omitted in the first place were repealed by section 64(3) of, and Part I of Schedule 10 to, the Police Act 1964 and section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967. The words omitted at the end were repealed by section 1(2) of the Criminal Justice Act 1948.
Lawful apprehension or detainer for any offence
See R v Self, () 1 WLR 657, () 3 All ER 476, 95 Cr App R 42, () Crim LR 572, CA.
See arrest.
Misdemeanour
See the Criminal Law Act 1967.
Visiting forces
This offence is an offence against the person for the purposes of section 3 of the Visiting Forces Act 1952.〔The Visiting Forces Act 1952, section 3(6) and (Schedule ), paragraph 1(b)(i)〕
Mode of trial
This offence is triable either way.〔The Magistrates' Courts Act 1980, section 17(1) and Schedule 1, (paragraph 5(g) )〕
Sentence
A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding two years,〔The Offences against the Person Act 1861, section 38; the Criminal Justice Act 1948, section 1(2)〕 or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.〔The Magistrates' Courts Act 1980, section 32(1)〕
There is also a general power to fine on indictment.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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