This offence is created by section 38 of the
Offences against the Person Act 1861 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Repeals The words omitted in the first place were repealed by section 64(3) of, and Part I of Schedule 10 to, the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 and section 10(2) of, and Part III of Schedule 3 to, the
Criminal Law Act 1967. The words omitted at the end were repealed by section 1(2) of the
Criminal Justice Act 1948.
Lawful apprehension or detainer for any offence R v Self clarifies that where no offence was committed (such as when they are acquitted of it and no one else could have committed it), their
citizen's arrest after the suspected offence was unlawful, and thus the offence of assault with intent to resist lawful arrest is not made out. See
arrest.
Misdemeanour See the
Criminal Law Act 1967.
Visiting forces This offence is an
offence against the person for the purposes of section 3 of the
Visiting Forces Act 1952.
Mode of trial This offence is triable
either way.
Sentence A person guilty of this offence is liable, on
conviction on
indictment, 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, or to both. There is also a general power to fine on indictment. ==Northern Ireland==