while of course not the same both are similar in that the officer is not easily recognisable as such even though both are technically "on duty"cheers
Edited by andyfofo, 01 April 2011 - 02:53 AM.
assaulting a police officer
Started by
Marty McFly
, Apr 01 2011 02:51 AM
3 replies to this topic
#1
Posted 01 April 2011 - 02:51 AM
from what i understand, since specials are "on duty" while carrying their gear to the station, and if they were assaulted would such assault be common assault or assaulting an officer? i assume it is common assault, but i ask as im confused since assaulting an officer must be in the execution of his duty, and your technically on duty... so if for example someone assaulted a plain clothes officer while on the middle of their shift, would that also be common assault since they hadn't had the chance to identify themselves? while of course not the same both are similar in that the officer is not easily recognisable as such even though both are technically "on duty"
cheers
while of course not the same both are similar in that the officer is not easily recognisable as such even though both are technically "on duty"cheers
#2
Posted 01 April 2011 - 03:08 AM
I think you're right. I'm not completely sure though.
The wording is "in the execution of his duty". Apart from being sexist, this has the implication that there is some specific duty being executed, rather than merely being on duty.
The wording is "in the execution of his duty". Apart from being sexist, this has the implication that there is some specific duty being executed, rather than merely being on duty.
Edited by Bouquaine, 01 April 2011 - 03:19 AM.
#3
Posted 01 April 2011 - 04:38 AM
Bouquaine is correct. It has to be in the 'execution of duty'.
For example, a police officer in uniform standing outside a club on a Friday night is executing his duty to prevent crime and disorder. A police officer travelling to work is not executing a duty.
Furthermore, I don't believe the person commits the offence of assault police unless the victim is readily identifiable as a police officer, or identify themself as one. In which case the offence is common assault. My knowledge is a little fuzzy here, but i'm sure someone will be along to correct me if false.
For example, a police officer in uniform standing outside a club on a Friday night is executing his duty to prevent crime and disorder. A police officer travelling to work is not executing a duty.
Furthermore, I don't believe the person commits the offence of assault police unless the victim is readily identifiable as a police officer, or identify themself as one. In which case the offence is common assault. My knowledge is a little fuzzy here, but i'm sure someone will be along to correct me if false.
#4
Posted 01 April 2011 - 07:18 AM
The execution of duty bit means if you're doing something that isn't a lawful action then it doesn't count. So if you are carrying out an unlawful arrest and get thumped then it won't be assault police.
Duty can be a broad one as mentioned above 'uniformed patrol' would count.
The crucial thing us that off duty does nor matter as long as you are a) doing something policey b) the person knows you are a cop. So on your way to the station in itself doesn't count. However on my way to civvie work I see an offence, walk over and say "I'm a cop" and as long as that is out of my mouth if I get assaulted it would be assault police.
Given there is no much thing as "common assault" in Scotland it matters a little less as the range of punishment for assault, being common law, is epic.
But the various acts relating to police assault also cover obstruction, hindering, molesting (!) and possibly one or two other verbs as well....
Duty can be a broad one as mentioned above 'uniformed patrol' would count.
The crucial thing us that off duty does nor matter as long as you are a) doing something policey b) the person knows you are a cop. So on your way to the station in itself doesn't count. However on my way to civvie work I see an offence, walk over and say "I'm a cop" and as long as that is out of my mouth if I get assaulted it would be assault police.
Given there is no much thing as "common assault" in Scotland it matters a little less as the range of punishment for assault, being common law, is epic.
But the various acts relating to police assault also cover obstruction, hindering, molesting (!) and possibly one or two other verbs as well....
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