Whosoever shall, by threats or force, obstruct or prevent or endeavour to obstruct or prevent, any clergyman or other minister in or from celebrating divine service or otherwise officiating in any church, chapel, meeting house, or other place of divine worship, or in or from the performance of his duty in the lawful burial of the dead in any churchyard or other burial place, or shall strike or offer any violence to, or shall, upon any civil process, or under the pretence of executing any civil process, arrest any clergyman or other minister who is engaged in, or to the knowledge of the offender is about to engage in, any of the rites or duties in this section aforesaid, or who to the knowledge of the offender shall be going to perform the same or returning from the performance thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, . . . F1
Textual Amendments
F1Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)
Modifications etc. (not altering text)
C1Ss. 16, 20, 26, 27, 34, 36, 38, 47, 57, 60 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 5
Whosoever shall assault and strike or wound any magistrate, officer, or other person whatsoever lawfully authorized, in or on account of the exercise of his duty in or concerning the preservation of any vessel in distress, or of any vessel, goods, or effects wrecked, stranded, or cast on shore, or lying under water, shall be guilty of a misdemeanor, and being convicted thereof shall be liable . . . F2 to be kept in penal servitude for any term not exceeding seven years . . . F2
Textual Amendments
F2Words repealed by Statute Law Revision Act 1892 (c. 19)
Whosoever . . . F3 shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, . . . F4
Editorial Information
X1Unreliable marginal note
Textual Amendments
F3Words repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I and Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
F4Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)
Modifications etc. (not altering text)
C2Ss. 16, 20, 26, 27, 34, 36, 38, 47, 57, 60 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 5
Whosoever shall beat, or use any violence or threat of violence to any person, with intent to deter or hinder him from buying, selling, or otherwise disposing of, or to compel him to buy, sell, or otherwise dispose of, any wheat or other grain, flour, meal, malt, or potatoes, in any market or other place, or shall beat or use any such violence or threat to any person having the care or charge of any wheat or other grain, flour, meal, malt, or potatoes, whilst on the way to or from any city, market town, or other place, with intent to stop the conveyance of the same, shall on conviction thereof before two justices of the peace be liable to be imprisoned . . . F6 in the common gaol or house of correction for any term not exceeding three months: Provided, that no person who shall be punished for any such offence by virtue of this section shall be punished for the same offence by virtue of any other law whatsoever.]
Textual Amendments
F5Ss. 39, 40, 76 repealed (E.W.) by Statute Law (Repeals) Act 1989 (c. 43, SIF 82), s. 1(1), Sch. 1 Pt. I
F6Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)
Whosoever shall unlawfully and with force hinder or prevent any seaman, keelman, or caster from working at or exercising his lawful trade, business, or occupation, or shall beat or use any violence to any such person with intent to hinder or prevent him from working at or exercising the same, shall on conviction thereof before two justices of the peace be liable to be imprisoned . . . F8 in the common gaol or house of correction for any term not exceeding three months: Provided, that no person who shall be punished for any such offence by reason of this section shall be punished for the same offence by virtue of any other law whatsoever.]
Textual Amendments
F7Ss. 39, 40, 76 repealed (E.W.) by Statute Law (Repeals) Act 1989 (c. 43, SIF 82), s. 1(1), Sch. 1 Pt. I
F8Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)
Textual Amendments
F9S. 41 repealed by the Act 34 & 35 Vict. c. 32, Sch.
Where any person shall unlawfully assault or beat any other person, two justices of the peace, upon complaint by or on behalf of the party aggrieved, may hear and determine such offence, and the offender shall, upon conviction thereof before them, at the discretion of the justices, either be committed to the common gaol or house of correction, there to be imprisoned, F11... for any term not exceeding [F126 months], or else shall forfeit and pay such fine as shall appear to them to be meet, not exceeding, together with costs (if ordered), the sum of [F13£200]; and if such fine as shall be so awarded, together with the costs (if ordered), shall not be paid, either immediately after the conviction or within such period as the said justices shall at the time of the conviction appoint, they may commit the offender to the common gaol or house of correction, there to be imprisoned, F11... for any term not exceeding [F126 months], unless such fine and costs be sooner paid. ]
Editorial Information
X2Unreliable marginal note
Textual Amendments
F10Ss. 42, 43 repealed (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16
F11Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)
F12Words in s. 42 substituted (N.I) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 51(2), 111(2) (with Sch. 6 para. 4(1))
F13Words substituted by Criminal Law Act 1977 (c. 45), Sch. 6
Modifications etc. (not altering text)
C3S. 42 amended by Criminal Justice Act 1925 (c. 86), s. 39(1), (3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Ss. 42, 43 repealed (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16
F15S. 43 repealed (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24 (N.I.)), ss. 51(3), 111(2), Sch. 8 Pt. 5
If the justices, upon the hearing of any [F16such] case of assault or battery upon the merits, where the complaint was preferred by or on behalf of the party aggrieved, [F16under either of the last two preceding sections], shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the complaint, they shall forthwith make out a certificate F17. . . stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.
Textual Amendments
F16Words repealed (E.W.S.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170, Sch. 8 para. 16, Sch. 15 para. 3, Sch. 16
F17Words in s. 44 repealed (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1)(3), Sch. 8 para. 41, Sch. 10; S.I. 2005/910, art. 3
If any person against whom any such complaint as [F18in section 44 of this Act] shall have been preferred by or on the behalf of the party aggrieved shall have obtained such certificate, or, having been convicted, shall have paid the whole amount adjudged to be paid, or shall have suffered the imprisonment . . . F19 awarded, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause.
Textual Amendments
F18Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 4
F19Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)
Modifications etc. (not altering text)
C4S. 45 amended (4.7.1996 but with effect 15.4.1997 as mentioned in s. 54) by 1996 c. 25, ss. 54(4), 57(1) (with s. 78(1)); S.I. 1997/1019, art. 2
Textual Amendments
F20S. 46 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16
Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable F21. . . to be kept in penal servitude F21 . . .; F22. . . F23 . . .
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only
Textual Amendments
F21Words repealed by Statute Law Revision Act 1892 (c. 19)
F22Words repealed (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170, Sch. 8 para. 16, Sch. 16
F23Words omitted (E.W.) by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2) and repealed (N.I.) by Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(2)
Modifications etc. (not altering text)
C5Ss. 16, 20, 26, 27, 34, 36, 38, 47, 57, 60 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 5
C6S. 47 extended (27.4.1997) by 1997 c. 13, ss. 1(2)(b), 10(2)
Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable F21 . . . [F33to imprisonment for a term not exceeding 7 years] . . . F21; and whosoever shall be convicted upon an indictment for a common assault shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding [F34two years] . . . F35
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only
Textual Amendments
F21Words repealed by Statute Law Revision Act 1892 (c. 19)
F33Words in s. 47 substituted (N.I.) (28.9.2004) by The Criminal Justice (No. 2) (Northern Ireland) Order 2004 (S.I. 2004/1991 (N.I. 15)), art. 4(2)(a)
F34Words in s. 47 substituted (N.I.) (28.9.2004) by The Criminal Justice (No. 2) (Northern Ireland) Order 2004 (S.I. 2004/1991 (N.I. 15)), art. 4(2)(b)
F35Words omitted (E.W.) by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2) and repealed (N.I.) by Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(2)
Modifications etc. (not altering text)
C5Ss. 16, 20, 26, 27, 34, 36, 38, 47, 57, 60 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 5
C6S. 47 extended (27.4.1997) by 1997 c. 13, ss. 1(2)(b), 10(2)
Textual Amendments
F24S. 48 omitted (E.W.) by virtue of Sexual Offences Act 1956 (c. 69), Sch. 4 and (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769), art. 1(3), Sch. 1 para. 4(a), Sch. 3; S.R. 2008/510, art. 2
Textual Amendments
F25S. 49 repealed by Criminal Law Amendment Act 1885 (c. 69), Sch.
Textual Amendments
F26Ss. 50, 51 repealed by Offences against the Person Act 1875 (c. 94), s. 2
Textual Amendments
F27Ss. 52–55, 61–63 repealed (E.W.) by Sexual Offences Act 1956 (c. 69), Sch. 4
F28S. 52 omitted (N.I.) (2.2.2009) by virtue of The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769), art. 1(3), Sch. 1 para. 4(b), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2
Textual Amendments
F29Ss. 52-55, 61-63 repealed (E.W.) by Sexual Offences Act 1956 (c. 69), Sch. 4
F30S. 53 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769), art. 1(3), Sch. 1 para. 4(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2
Textual Amendments
F31Ss. 52–55, 61–63 repealed (E.W.) by Sexual Offences Act 1956 (c. 69), Sch. 4
F32S. 54 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769), art. 1(3), Sch. 1 para. 4(d), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2