Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 and Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

 and the Republic of Ireland

Republic of Ireland

Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

.

England and Wales

This offence is created by section 38 of the Offences against the Person Act 1861

Offences Against The Person Act 1861

The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...

 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The words omitted in the first place were repealed by section 64(3) of, and Part I of Schedule 10 to, the Police Act 1964

Police Act 1964

The Police Act 1964 was an Act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise local constabularies, and allowed for the amalgamation of existing...

 and section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967

Criminal Law Act 1967

The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...

. The words omitted at the end were repealed by section 1(2) of the Criminal Justice Act 1948

Criminal Justice Act 1948

The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...

.

Lawful apprehension or detainer for any offence

See R v Self, [1992] 1 WLR 657, [1992] 3 All ER 476, 95 Cr App R 42, [1992] Crim LR 572, CA.

See arrest

Arrest

An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...

.

Misdemeanour

See the Criminal Law Act 1967

Criminal Law Act 1967

The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...

.

Visiting forces

This offence is an offence against the person

Offence against the person

In criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.They are usually analysed by division into the following categories:*Fatal offences*Sexual offences...

 for the purposes of section 3 of the Visiting Forces Act 1952

Visiting Forces Act 1952

The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom. provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, international headquarters...

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Mode of trial

This offence is triable either way

Either Way

"Either Way" is a song by The Twang, which was released as their second single under the B-Unique Records on May 28, 2007, and it is also the second single to be taken from the band's debut album Love It When I Feel Like This...

.

Sentence

A person guilty of this offence is liable, on conviction

Conviction

In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...

 on indictment

Indictment

An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

, to imprisonment for a term not exceeding two years, or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum

Prescribed sum

The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...

, or to both.

There is also a general power to fine on indictment.

Northern Ireland

This offence is created by section 7(1) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968, which replaces the corresponding provision in section 38 of the Offences against the Person Act 1861.

Republic of Ireland

This offence is created by section 19(1)(c) of the Criminal Justice (Public Order) Act, 1994, which replaces the corresponding provision in section 38 of the Offences against the Person Act 1861.

History

As to the summary trial of offences under section 38 of the Offences against the Person Act 1861, see section 2 of, and paragraph 9 of the First Schedule to, the Criminal Justice Act, 1951.