A 'bruiser' of a quiz

Answer: Violence

Some offences can be committed by an act or omission, for example manslaughter. For a charge of assault to succeed there must be an actual act, Fagan v Metropolitan Police Commissioner (1969) 1 QB 439.

Words can amount to an assault. This was made clear by the decision in R v Ireland (1997) 3 WLR 534, where it was held that telephone calls to a victim, followed by silences, could amount to an assault.

Answer: Yes

It must also be shown that the defendant intended to resist or prevent lawful arrest.

This offence can also apply to arrests made by store detectives and Benefits Agency staff for example. It does not just relate to police officers.

Answer: Section 39

The offence of Common Assault and Battery, is triable summarily, at Magistrates Court.

If a defendant is acquitted of common assault, then the magistrates have to issue a certificate of dismissal, which absolves the defendant from any future liability in respect of that alleged assault. This means that a victim cannot bring a civil action against the defendant if a criminal prosecution arising out of the same circumstances has failed.

Answer: False

In the decision of R V Richardson, The Times, 6 April 1988, her failure to inform the patients of her suspension did not affect their true consent, and the dentist's actions were not an assault.

Had the dentist no formal qualifications in that field, then the situation would be very different.

Answer: Life imprisonment

The definition of Wounding or Causing Grievous bodily harm with Intent is as follows: 'Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of an offence.'

Answer: The Attorney-General

Torture is defined as follows:

'(1) A public official or person acting in an official capacity, whatever his nationality, commits the offence of torture if in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another in the performance or purported performance of his official duties.

(2) A person not falling within subsection (1) above commits the offence of torture, whatever his nationality, if-

(a) in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another at the instigation or with the consent or acquiescence-

(i) of a public official; or

(ii) of a person acting in an official capacity; and

(b) the official or other person is performing or purporting to perform his official duties when he instigates the commission of the offence or consents to or acquiesces in it.

(3) It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or an omission.'

This offence, for example, could be committed by a police officers during the course of their duties.

Severe pain and suffering can be both mental and physical. It can also be by omission.

Answer: None of these

It is an offence at common law to falsely imprison another person.

The offence can be tried at Crown Court only, and there is no limit for the maximum term of imprisonment.

The elements required for this offence are the unlawful and intentional/reckless restraint of a person's freedom of movement (R V Rahman (1985) 81 Cr App R 349)

Answer: The Crown Court

This offence is triable on indictment only, which means that it is only triable at the Crown Court
The definition of this offence is, ' Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm, shall be guilty of an offence.'

Answer: One month

This offence is dealt with at Magistrates Court only. Obstruction is simply an act, which makes it more difficult for a constable to carry out their official duties.

An example of obstruction is warning other drivers of a speed check operation ( Ledger v DPP (1991) Crim LR 439).

Answer: Section 47

The maximum term of imprisonment for this offence is 5 years. It can be tried at both Magistrates and Crown Court. The Crown Court however is the court which can impose the maximum sentence, the Magistrates can only impose a maximum sentence of 6 months imprisonment.