Common assault is a criminal offence under the Criminal Justice Act 1988 and the Offences Against the Person Act 1861, and is committed when someone assaults another person or commits a battery.
When someone is arrested in the UK, there are certain rights that need to be upheld. You’ll be taken to a police station and details will be taken. You may have to undergo a search and your possessions will be kept by the police custody officer while you’re in the cell. You will then be taken to a cell under custody until questioning takes place.
- Regardless of the crime you are accused of, you will have your rights read out to you. These will include:
- free legal advice
- telling someone where you are
- receiving medical help if you’re feeling ill
- seeing the rules the police must follow (‘Codes of Practice’)
- seeing a written notice telling you about your rights, e.g. regular breaks for food and to use the toilet (you can ask for a notice in your language) or an interpreter to explain the notice
If you’ve been accused of a drug offence, everything you do could be seen as evidence in the eyes of the courts. This means that it’s vital to be aware of what you say and how you act, both at the police station and in the courtroom, even if you have hired a solicitor.
Here are some tips to consider when defending yourself against a drugs charge.
Police are allowed to seize any items that they consider evidence towards an alleged crime. However, thanks to the Investigatory Powers Act (which was nicknamed the Snoopers’ Charter) which came into force in at the end of 2016, law enforcers can now access computers remotely – without the user’s consent or permission being granted from the courts.
The legal definition of criminal damage stands as:
“A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged.”
The primary piece of legislation that’s used for criminal damage cases is the Criminal Damage Act 1971, although some criminal damages are covered by the Malicious Damage Act 1971.
Extortion and blackmail are two very similar offences, which are often confused with each other. Blackmail is the act of threatening an individual with an unwarranted demand with menace, with the view to making gain or causing a loss, for example, threatening to expose a secret if the victim does not pay an amount in cash.
Extortion is the act of threatening the victim with physical harm for the purposes of obtaining money, property or services.