Assaulting a constable in the execution of duty

s.89(1)Police Act 1996

Assaulting a constable acting in the execution of their duty, or a person assisting a constable in the execution of their duty.

Assaulting a constable in the execution of duty · Police Act 1996, s.89(1)Card 33 / 85

Points to prove

Assaults – includes both an assault (causing someone to apprehend immediate unlawful force) and a battery (applying unlawful force).
Constable – any police officer, of any rank, including special constables. s.89(3) also covers members of the Police Service of Scotland or the Police Service of Northern Ireland exercising powers in England and Wales.
Person assisting – includes a member of an international joint investigation team led by a member of a police force (s.89(4)).
In the execution of duty – the officer must be acting lawfully within their duties at the time. An officer who goes beyond their powers, for example by holding someone’s arm to detain them without arresting them, is not in the execution of their duty (Collins v Wilcock 1984).

The defendant need not know the victim is a constable (R v Forbes and Webb 1865). Only the assault needs a mental element.
Resisting or wilfully obstructing a constable in the execution of their duty is a separate offence under s.89(2), with a maximum of 1 month and/or a level 3 fine.
A constable is an emergency worker. Common assault or battery against a constable acting in the exercise of their functions can instead be charged under s.1 Assaults on Emergency Workers (Offences) Act 2018, which is either way with a maximum of 2 years.
If the officer was not in the execution of their duty, the assault may still be a common assault.

Legislation: Police Act 1996, s.89(1) (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or an unlimited fine