It was not a requirement on a charge of assault with intent to resist arrest, to establish that the defendant’s believed that the arrest was unlawful. The mens rea required to be established was that the defendant knew he was being arrested. A belief that the arrest was unlawful did not justify resisting the arrest.
Gazette 19-Oct-2000
Offences against the Person Act 1861 38
England and Wales
Updated: 05 August 2021; Ref: scu.87140
