Assault with intent to resist or prevent arrest

s.38Offences Against the Person Act 1861

Assaulting any person with the intention of resisting or preventing the lawful arrest or detention of yourself or someone else for any offence.

Assault with intent to resist or prevent arrest · Offences Against the Person Act 1861, s.38Card 51 / 195

Points to prove

Assaulted any person
With intent to resist or prevent
The lawful apprehension or detention
Of themselves or any other person
For any offence

Key definitions

Assault – a common assault or battery: intentionally or recklessly causing someone to fear immediate unlawful force, or applying unlawful force to them.
Any person – the victim need not be a police officer. It covers store detectives, security staff and members of the public making a lawful citizen’s arrest.
Intent – a specific intent to resist or prevent the arrest or detention, together with knowledge that the person assaulted is trying to arrest or detain them or someone else (R v Lee 2000).
Lawful – the arrest or detention must actually be lawful. If there was no power to arrest, or the arrest was made unlawfully, the offence is not committed.

Defences

Self-defence – reasonable force may be used to resist an unlawful arrest.
Mistaken belief – if the arrest is in fact lawful, the defendant’s belief that it was unlawful, or that they were innocent, is no defence (R v Lee 2000). An honest mistake of fact can still be relevant, such as not realising that the person was a police officer or was trying to arrest them.

Good to know

The defendant need not have committed the offence they are being arrested for. What matters is that the arrest itself is lawful.
Where the victim is a constable or other emergency worker, assault on an emergency worker (Assaults on Emergency Workers (Offences) Act 2018, s.1, maximum 2 years) is often charged instead.
Resisting or wilfully obstructing a constable is a separate summary offence under the Police Act 1996, s.89(2).

Legislation: Offences Against the Person Act 1861, s.38 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 2 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Assault with intent to resist or prevent arrest: questions people ask

What are the points to prove for assault with intent to resist or prevent arrest?

1. Assaulted any person 2. With intent to resist or prevent 3. The lawful apprehension or detention 4. Of themselves or any other person 5. For any offence

What is the maximum sentence for assault with intent to resist or prevent arrest?

2 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is assault with intent to resist or prevent arrest a summary, either-way or indictable offence?

Assault with intent to resist or prevent arrest is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is assault with intent to resist or prevent arrest?

Assault with intent to resist or prevent arrest is an offence under the Offences Against the Person Act 1861, s.38.

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