Section 89(1) of the Police Act 1996 provides: Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
The criteria for a charge under section 47 of the Offences Against the Person Act 1861 do not distinguish between members of the public and police officers as the victim.
According to R (Fullard) v Woking Magistrates' Court,[3] a constable cannot be acting in the execution of their duty when unlawfully on private property.
Merely directing offensive remarks at the officer which amount to 'go away' will not necessarily withdraw any implied permission to enter or remain.
The offence of 'assault on a constable in the execution of his duty' was formerly created section 7(1)(a) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968.