Public Protection and Safety PDF

Public Protection and Safety PPS02 Assaults Introduction In this module we will be looking at a number of offences that fall within the wide spectrum of non-fatal offences against the person, they include: Common assault. Assault occasioning actual bodily harm (AOABH)....

Public Protection and Safety PPS02 Assaults Introduction In this module we will be looking at a number of offences that fall within the wide spectrum of non-fatal offences against the person, they include: Common assault. Assault occasioning actual bodily harm (AOABH). Grievous bodily harm (GBH). Grievous bodily harm with intent. Threats to kill. Assault on police. Assault to prevent arrest. You probably already have an idea of what constitutes an assault. Consider the following examples: A punch on the nose. A kick on the shin. You will discover as you work through these notes that in law, the word ‘assault’ has a wide definition. For example, is a punch on the nose during a boxing match an assault? Or a kick received during a football tackle? As a police officer, you will be called to deal with allegations of assault. You will need to know: Whether an assault has actually occurred. What type of assault it is. What action you can take. OFFICIAL [PUBLIC] Page 13 The notes which follow will give you a working knowledge of the various types of assault, together with your various powers associated with each. Offences of assault are generally in contravention of the Offences against the Person Act 1861. Assault The term assault is: Definition: Any act, and not a mere omission to act, by which a person intentionally or recklessly causes another to apprehend immediate unlawful violence. Points to Prove The mental elements involved, i.e. the intention or recklessness on the part of the defendant and the apprehension on the part of the victim, means that no physical contact between the offender and victim is required. It can be threatening words used, although if violence is threatened, there must be the ability to carry out the threat at the time. A mere omission to act cannot be an assault. Example If Johnston shouts at Brown “I’m going to kick your head in!” intending Brown to believe the threat and Brown does believe it, an assault has been committed by Johnston against Brown. On the part of the victim, the state of mind is an apprehension of immediate unlawful violence. The state of mind of the victim in an assault is relevant. The victim MUST apprehend the immediate use of unlawful violence – in other words the victim MUST believe that he/she is going to be subjected to that immediate unlawful violence. OFFICIAL [PUBLIC] Page 14 Example If Johnston threatened to shoot Brown with an imitation firearm then Johnston could be charged with assault, provided Brown believed that the firearm was real and that he/she was going to be shot (apprehending unlawful violence) – the fact that the firearm was an imitation and could never actually physically harm Brown is not important as Johnston had caused Brown to apprehend immediate force being used. (Stated Cases – Logdon v DPP, 1976; R v Lamb, 1967; R v Constanza, 1997) Battery The term battery is: Battery requires physical contact with the victim so the offence could not be carried out via the phone. However it is sufficient to constitute battery that the defendant attacks the clothing which the victim is wearing, without the victim feeling the pressure of the contact. (R v Day 1845) Battery need not be preceded by an assault. A blow may, for example, be struck from behind, without warning. A very small degree of physical contact will be enough, not, as many think, an act involving serious violence. Explanations of Terms Any Act This can include shaking a fist at another or using some other threatening gesture. It is the act rather than the injury which must be intended. OFFICIAL [PUBLIC] Page 15 Intentionally Means that the suspect deliberately acted in a way that was calculated, to leave the victim in no doubt that he/she would be subjected to personal violence. Example X approaches Y and punches them on the shoulder. X has intentionally applied force to Y. Recklessly Recklessness involves foresight of the possibility that the complainant would apprehend immediate and unlawful violence and taking that risk; in battery, it involves foresight of the possibility that the complainant will be subjected to force, however slight, and taking that risk. (R v Cunningham 1957) Example Howell throws a brick into a crowd; he knows that someone is likely to be injured, even though he doesn’t know who that person may be. Immediate A threat to assault a person in the future is not an assault. The apprehension of being hurt must be there and then. It does not have to be instantaneous but within a minute or two. Example English is standing on the opposite side of a wide river from Black who is shaking his fist and yelling ‘wait till I see you later’ (this does not constitute an assault). Unlawful In both assault and in battery the violence must be unlawful; it would therefore not be an assault/battery if you, faced with a person wielding a stick, drew your baton and used it with reasonable force to disarm the individual. OFFICIAL [PUBLIC] Page 16  Assault – (explained) Any act It is not sufficient to omit to do or say something. The act could be words in a letter, or telephone call including threatening silences. which The suspect deliberately acts in a way that is calculated to leave intentionally the victim in doubt that he/ she will be subjected to violence. or recklessly The suspect foresees the possible consequences of his/her conduct, but still continues. causes The action of the suspect leaves the victim in no doubt of what another to he/she is about to face. apprehend To apprehend is to fear a certain act or consequence. Another refers to another person. Not necessarily instantaneous but within a minute or two; for immediate example, if a threat is made from just outside a house to a victim inside it would take a moment or so before it could be carried out. Unlawful – it might be lawful if it took place during a contact sport, or was related to self- defence in the face of an imminent attack, unlawful or was to help prevent an unfolding crime. violence Violence – The person should fear a violent act being committed against him/her it cannot be done/feared through a 3rd party. Battery – (explained) intentionally The suspect purposely takes part in some kind of conduct which applies unlawful force on another person. The suspect foresaw that the consequence of their conduct might be or recklessly the application of unlawful force against another person, but continued, for example a group of persons throwing stones in a busy street are reckless as to whether pedestrians may suffer violence. applies Apply means make contact with the victim or make them suffer unlawful force. unlawful Only the slightest degree of force is required. It can be applied by the violence human body itself (e.g. a slap) or by an extension of the human body with an implement or weapon. The application of force can be carried indirectly; for example, a suspect to another punches a man carrying a baby (directly), causing him to drop the baby. The force is applied to the baby (indirectly). OFFICIAL [PUBLIC] Page 18 Common Assault Section 42 Offences against the Person Act 1861 Common assault is a summary offence and can have two elements, assault and battery. In law, assault and battery theoretically mean different things. In Fagan v MPC the court said that an assault is any act which intentionally or possibly recklessly causes another person to apprehend immediate and unlawful personal violence. Battery is the intentional or reckless application of unlawful force to the body of another person. However, there has been a modern trend to use the term ‘assault’ in a broad sense to include both assault and battery. Common Assault is the combination of both of these elements, but both elements do not have to be present for the offence to be complete. Common assault therefore covers the instances where violence is apprehended and/ or where violence is inflicted. The violence inflicted in such a case would have to be minor. Typical injuries  Grazes/scratches.  Abrasions.  Minor bruising.  Swelling.  Reddening of the skin.  Superficial cuts.  Black eye (minor bruising around the eye, ONLY. If substantial bruising is present, consider AOABH). OFFICIAL [PUBLIC] Page 19 Power of Arrest Article 26 PACE (NI) Order 1989. Arrest without warrant -subject to necessity criteria. Power of Entry Yes, this offence is specified under Article 19 PACE (NI) Order 1989. Points to Prove Unlawfully. Assaulted. Another person. Application of Force (battery). Sentencing Guidelines Tried summarily only - Maximum 6 months imprisonment and/or level 3 fine (£1000) (for offences committed on or after 04.07.11). Assault Occasioning Actual Bodily Harm (AOABH) ‘To assault any person thereby occasioning them actual bodily harm’. Section 47 of the Offences against the Persons Act 1861 Actual bodily harm: means any harm which interferes with the health or comfort of the victim; not to a considerable degree, but must be more than transient or trifling. Even an injury to a person’s state of mind may be sufficient to constitute this offence. (R v Ireland 1997) OFFICIAL [PUBLIC] Page 20 There is no difference in the way the offence may be committed only in the consequences of those actions. The injury need not be permanent or even dangerous. It is enough for the injury to interfere with the person’s health or comfort. Typical Injuries  Loss or breaking of a tooth.  Extensive or multiple bruising (could include ‘black eye’ if substantial bruising).  Displaced or broken nose.  Minor fractures.  Minor cuts (not just superficial) - may require stitches.  Temporary loss of sensory functions (includes loss of consciousness).  Psychiatric injury (must be proved by appropriate expert evidence) which is more than fear, distress or panic. Should the injuries sustained, amount to more than the above then the offences may be that of Grievous Bodily Harm. Power of arrest Article 26 PACE (NI) Order 1989 Arrest without warrant - subject to necessity criteria. Power of Entry Yes – Article 19 PACE (NI) Order 1989 tri-able either way (held as indictable). Points to Prove Unlawfully. Assaulted. Another person. Occasioning him/her. Actual bodily harm. Sentencing Guidelines Summarily – 12 months imprisonment or a fine not exceeding £5000, or both. Indictment – 7 years imprisonment or an unlimited fine or both. OFFICIAL [PUBLIC] Page 21 Grievous Bodily Harm (GBH) Wounding or Inflicting GBH ‘Whoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person either with or without any weapon or instrument...’ Section 20 of the Offences against the Persons Act 1861 Explanations of Terms Unlawfully (without excuse or legal justification) The use of this phrase within both sections allows the defence counsel to enter a plea of: Self-defence. Defence of others. Defence of property. Force used for the purpose of prevention of crime. In all these cases it is the responsibility of the prosecution, through your evidence, to prove otherwise. Maliciously Malice, (ill-will or an evil motive) must be present. This means an actual intention to do the kind of harm that was in fact done, or reckless as to whether such harm should occur. Note, that although malice must be present, it is not limited to (nor does it require) any ill- will towards the victim personally. Reckless The defendant was aware of the existence of the risk but nonetheless had gone on and taken it. (R v Cunningham, 1957) OFFICIAL [PUBLIC] Page 22 Example In the reckless passing-on of a sexually transmitted infection, the suspect would foresee that the victim might contract the infection through sexual activity but would still go on to take that risk. The suspect must know that the actions would result in some kind of injury, but does not necessarily have to foresee the degree of injury. The injuries can be caused with or without a weapon. Wound/Inflict Wound - The human body has seven layers of skin and all layers (dermis and epidermis) must be broken to constitute a wounding. A cut which breaks all the layers of a person’s skin whether caused externally (with a knife) or internally (a punch causing a tooth to puncture the inner cheek), will amount to a wound. Inflict – GBH can be inflicted without there being an assault. Inflict does not have as wide a meaning as cause’ GBH can be caused without there being an assault. GBH can be ‘inflicted’ either by: directly and violently assaulting the victim; or something done which although in itself is not a direct application of force to the body of the victim, does directly result in force being applied to the body of the victim so that they suffer GBH. (R v Wilson & Jenkins, 1983) It was, until recently, a belief of the courts that ‘inflict’ implied some kind of physical contact between the parties involved. This has however been overruled by the House of Lords where persistent harassment by means of the telephone, causing psychiatric injury, was deemed to be inflicted. (R v Ireland, 1997) OFFICIAL [PUBLIC] Page 23 Typical Injuries Grievous bodily harm – Means, ‘serious bodily harm’. Injuries – (Section 20 offence) Break in the continuity of whole of outer skin (7 layers). Permanent disability or disfigurement. Permanent loss of sensory functions. Broken or displaced limbs/bones. Fractured skull. Broken cheekbone/jaw or ribs. Injuries resulting in substantial blood loss. Psychiatric injuries (proven by a medical expert). Serious harm/wounding. Puncture wound to inner cheek. Power of Arrest Article 26 PACE (NI) Order 1989. Arrest without warrant - subject to necessity criteria. Power of Entry Yes – Article 19 PACE (NI) Order 1989 hybrid offence. Points to Prove Unlawfully. Maliciously. Wounded or inflicted GBH. Upon another person. Sentencing guidelines Tri-able either way – Hybrid offence. Summarily – 12 months imprisonment or a fine not exceeding £5000, or both. Indictment – 7 years imprisonment or an unlimited fine or both. OFFICIAL [PUBLIC] Page 24 Wounding or Causing GBH with Intent “Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detention of any person…” Sec 18 of the Offences against the Persons Act 1861 Explanations of Terms Unlawfully Without excuse or legal justification. The use of this phrase within both sections allows the defence counsel to enter a plea of: Self-defence. Defence of others. Defence of property. Force used for the purpose of prevention of crime. In all these cases it is the responsibility of the prosecution, through your evidence, to prove otherwise. Maliciously This means an actual intention to do the kind of harm that was in fact done, or reckless as to whether such harm should occur. Note, that although malice (ill will or a malevolent motive) must be present, it is not limited to (nor does it require) any ill-will towards the victim personally. It is suffice that the defendant was aware that some harm would occur, even of a minor nature, as a result of the action taken. They do not necessarily have to have foreseen the degree if injury. OFFICIAL [PUBLIC] Page 25 Any Means Whatsoever This is given its literal meaning. A connection between the means used and the harm caused must be proved. Wound The human body has seven layers of skin and all layers (dermis and epidermis) must be broken to constitute a wounding. A cut which breaks all the layers of a person’s skin whether caused externally (with a knife) or internally (a punch causing a tooth to puncture the inner cheek), will amount to a wound. Cause Defined as ‘anything that produces a result or ‘effect’. Cause has a wider meaning than ‘inflict’. All that needs to be proved is some connection between the action (the means used) and the injury (sometimes called the chain of causation). There does not need to be a direct application of force. Example The defendant intends to assault a person and kicks down a door, making the victim jump out of the window to escape thereby suffering harm/injuries. There is clearly a causal link between the actions of the defendant and the victim’s injuries and the chain of causation is unbroken. (R v Marjoram, 1999) This offence should be given its ordinary meaning of ‘really serious bodily harm’. It is not necessary that the harm was either permanent or dangerous. It also includes psychiatric injury caused by harassment. Intent You can only determine the intention of the accused by considering all the relevant evidence and circumstances surrounding the incident. However if the intent is to cause GBH it does not matter if the person injured was the intended victim. OFFICIAL [PUBLIC] Page 26 Example Talbot threatens Ritchie with a broken bottle for making a pass at his girlfriend Judith. Judith steps in front of Talbot to calm him down just as he lunges forward the bottle slices her face, Ritchie runs off uninjured. GBH with Intent, Section 18 offence? Yes. Intent on Ritchie but not the actual victim. Clearly for an offence of Section 18 the offender must have intent to commit GBH. This intent makes Section 18 a more serious assault carrying a greater custodial penalty than Section 20. It is not necessary for the injuries to be more serious than the Section 20 offence. With a Section 20 assault the offence merely requires an unlawful and malicious act resulting in either a wounding or grievous bodily harm. With Intent to Resist or Prevent the Lawful Apprehension or Detention of any Person Example If a suspect pushes a store detective who is trying to arrest his/her partner in a shoplifting incident and the store detective is seriously injured (as a result of the push), the offence has been committed Example A police officer is assaulted (resulting in serious injuries) during the course of an arrest of a disorderly male. The male assaults the officer to try to resist his arrest. The offence is complete. (The offence is more serious than an ‘assault on police’, (Section 66(1) Police (NI) Act 1998) as this offence only covers injuries consistent with common assault. The arrest/detention in these circumstances must be lawful. OFFICIAL [PUBLIC] Page 27 Typical Injuries (Section 18 offence) Break in the continuity of whole of outer skin (7 layers). Permanent disability or disfigurement. Permanent loss of sensory functions. Broken or displaced limbs/bones. Fractured skull. Broken cheekbone/jaw or ribs. Injuries resulting in substantial blood loss. Psychiatric injuries (proven by a medical expert). Serious harm/wounding. Puncture wound to inner cheek. Power of Arrest Article 26 PACE (NI) Order 1989. Arrest without warrant -subject to necessity criteria. Power of Entry Yes – Article 19 PACE (NI) Order 1989 - Indictable offence. Points to Prove Unlawful and maliciously. Caused GBH or wounded a person. With intent to. Do GBH or resist/prevent lawful apprehension /detention of self or others. Sentencing Guidelines Tried on Indictment ONLY - Life imprisonment. OFFICIAL [PUBLIC] Page 28 In Summary Common Assault - no injury to minor injury. AOABH - minor injury. GBH - major injury Defences to Assaults There are a number of defences to the charge of assault. Accident As long as malice is not present. Consent  Consent can be given for some acts: Tattooing, piercings or being operated on for a medical condition.  Consent can be a defence provided.  It does not involve any illegal purpose (i.e. bare knuckle fight), and  No excessive violence or injury is caused, and  It is a true consent (i.e. not obtained by fear, fraud or ignorance). Consent Cannot Include Being reckless as to whether consent was or was not actually given. Submitting to an assault, actual or grievous bodily harm, by giving in. For example, while our friends would strongly object to us beating and kicking them, a slight application of force such as a tap on the shoulder, a nudge or a (not too hard) slap on the back could be accepted as everyday bodily contact. Much depends on who people are, where they go and what they do. That consent is only implied for reasonable bodily contact. Even in the examples given it is not difficult to imagine how easy it would be to overstep the mark, and there we are back to battery again. OFFICIAL [PUBLIC] Page 29 Even when consent is specifically given, there might still be ‘battery’. When persons know to what they are consenting, and freely give consent (for example, a sado- masochistic sexual act) then if the act concerned requires that society be protected against a cult of violence, that consent cannot be a defence. Legal Justification (R v Brown, 1993) Lawful correction: A parent correcting a child is legally justified provided it is reasonable as regards the manner of the correction. It depends upon what is reasonable and moderate, taking into account the age and health of the child, it is deemed that an assault that amounts to more than common assault is unlawful. Self-Defence (Common Law) People may tell you that they acted only in self-defence, but what does that phrase mean? A person may defend themselves, close relatives, husband, wife, child, parent etc. ‘Master’ and ‘servant’ may defend each other’s property in some cases, although it is harder to justify self- defence where property is concerned. So if someone sees their child being attacked, the law recognises that the parent may defend them, but may only turn the attacker away. If the attacker is then chased and an assault and battery is committed, you can see that this goes beyond self-defence. Legal Right or Duty As a Constable you will have legal rights and duties. When taking hold of someone during an arrest, although there is technically a ‘battery’ on that person, it is not unlawful provided that the arrest you are making is lawful. You are then protected from civil action being taken against you, because you have done nothing wrong. However, you may use only such force as is reasonable in the circumstances, otherwise you commit a criminal offence, i.e. common assault, or, depending upon the force used, a more serious form of OFFICIAL [PUBLIC] Page 30 assault. For example, if you were to arrest an elderly shoplifter, you may need to, only take hold of the person’s arm, but you may have to use more force if you were trying to arrest a drunk who was struggling. You are not above the law and the protection given extends only to what is reasonable in the circumstances. If you have to use force to arrest someone, do not try to hide this fact. Tell the custody officer and document your actions and rationale in your digital police notebook. You should remember that any person may use as much force as is reasonable for the purpose of preventing a crime. Section 3 Criminal Law (NI) Act 1967 Assault on Police ‘Any person, who assaults, resists, obstructs or impedes a constable in the execution of his duty, or a person assisting a constable in the executing of his duty, shall be guilty of an offence.’ Section 66(1) Police (NI) Act 1998 Explanations of Terms Assaults Similar to common assault, the results of which are minor or no injuries. If the injuries amount to actual or grievous bodily harm, then these offences would be more appropriate. OFFICIAL [PUBLIC] Page 31 Resists This implies a degree of physical confrontation or struggle. Obstructs Obstruction does not have to be of a bodily form, such as standing in the way. It can be caused by omitting to do something, but only where a person was already obliged to undertake some duty for a police officer. Impedes Delay, hinder or prevent a police officer by obstructing them. Due Execution of his Duty It is not enough just to be simply on duty. An officer must be in the lawful execution of his/her duties and exercising his/her powers with authorization. For example; if a police officer makes an unlawful arrest, then neither he/she nor anyone else assisting would be protected by this offence. The duty of the officer must be a lawful one, if you are trying to make an unlawful arrest, or otherwise acting in circumstances where you have no special police powers, for example assisting a private person to eject a trespasser, you are not ‘executing your duty’ as a police officer. It is not necessary to prove that the person knew the officer was a constable nor that they were aware the constable was in the execution of their duty. If however, you were in plain clothes it would be advisable to inform the person who you are. Police officers are sometimes assaulted while carrying out their duties. This is not just in connection with serious public disorder, but in everyday situations when people get excited by drink, drugs or unusual events. Person Assisting a Constable A person assisting a Constable could mean anyone, including colleagues, police support employees, and members of the public. Example As her boyfriend is being arrested for shoplifting Peterson slaps the officer in the face. OFFICIAL [PUBLIC] Page 32 Assault under Section 66. Example Whilst an officer is arresting her boyfriend for shoplifting the store detective, who is assisting the police, is slapped in the face by Peterson. Assault under Section 66. Power of Arrest Article 26 PACE (NI) Order 1989. Arrest without warrant - subject to necessity criteria. Power of Entry Article 19 PACE (NI) Order 1989 – Hybrid offence. Assault to Prevent Arrest ‘‘Any person, who assaults any person with intent to resist or prevent the lawful apprehension of himself or of any other person for any offence, shall be guilty of an offence’ Section 7(1) Criminal Justice (Miscellaneous Provisions) Act (NI) 1968 This offence covers the circumstances when a civilian is making or attempting to make an arrest and is assaulted. OFFICIAL [PUBLIC] Page 33 Explanations of Terms Intent The intention of the assault must be to prevent the arrest of the individual or another. Lawful Apprehension If the arrest is not lawful then there is no offence under this Section. Power of Arrest Article 26 PACE (NI) Order 1989. Arrest without warrant - subject to necessity criteria. Power of Entry Article 19 PACE (NI) Order 1989 – Hybrid offence. Threats to Kill ‘“A person who without lawful excuse makes to another a threat, intending that the other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence”. Section 16 of the Offences against the person Act 1861 Explanations of terms Threat The threat can take any form and may be expressed or implied. The threat does not have to be carried out at that moment but may relate to sometime in the future. It does OFFICIAL [PUBLIC] Page 34 however have to be carried out by the individual making the threat or at least under their instruction. Intending It is immaterial that the person receiving the threat actually believes that it will be carried out. The offence is in the intention of the person making the threat. One way this offence can be committed is straightforward: A threatens to kill B and intends that B will believe the threat. Example Annie says to Bob, “You’ve had it, you’re dead, I will see to it you are dead”. Annie wants Bob to believe that her threat to kill is real. The other way this offence can be committed is slightly more complicated: A communicates a threat to kill, and intends that B should believe the threat. But the threat is not about killing B, it is about killing another person, C (it is irrelevant whether C knows about the threats) Example Adam says to Bill, “that Colin – he’s finished now, Ill sort it – final like, stone cold, dead”. Adam intends that Bill should believe that this threat to kill Colin is real. To prove this offence, it is not necessary for A to actually intend to kill anyone, but it must be proved that A intends that B should believe and fear that this would be carried out. The threats made by A can be premeditated, or spoken during the heat of an argument. They can be communicated via various means (e.g. Social media, email etc.), and do not need to be such that the threat can be carried out immediately. Threats to kill are relatively common and it’s often very difficult to prove an offence has occurred because it is often one person’s word against another. There are also defences such as; A only made the threats against B in self-defence. OFFICIAL [PUBLIC] Page 35 The onus is on the Prosecution to prove that there was no lawful excuse for making the threat. Power of Arrest Article 26 PACE (NI) Order 1989. Arrest without warrant - subject to necessity criteria. Power of Entry Article 19 PACE (NI) Order 1989 (Hybrid offence). Sentencing Guidelines Indictment – 10 years imprisonment – Unlimited fine OR both. Summarily – 12 months imprisonment – Fine not exceeding £5000 or BOTH. Case Law Logdon v DPP, 1976 R v Lamb 1967 R v Constanza 1997 R v Day 1845 R v Cunningham 1957 Haystead v CC of Derbyshire 2000 R v Ireland 1997 R v Cunningham 1957 R v Marjoram 1999 R v Brown 1993 Crimes Aggravated by Hostility Unlike the Crime and Disorder Act for England and Wales, Northern Ireland has no specific legislation detailing hate offences. The Criminal Justice (No2) (NI) Order 2004 has however provided a court with the power to increase sentences when an offence is aggravated by hostility based on the victims actual or presumed religion, race, sexual orientation or disability. OFFICIAL [PUBLIC] Page 36 Hostility An offence is aggravated by hostility if: At the time or immediately before or after doing so, the offender demonstrates towards the victim hostility based on: membership of a racial group, membership of a religious group, membership of a sexual orientation group, a disability of the victim, or The offence is motivated (wholly or partly) by hostility towards: members of a racial group based on their membership of that group, members of a religious group based on their membership of that group, members of a sexual orientation group based on their membership of that group, persons who have a disability or a particular disability. Membership Includes if the offender presumes the victim is a member or has an association with members of that particular group. Racial group as defined by the Race Relations (NI) Order 1997 ‘racial group’ means a group of persons defined by reference to colour, race, nationality or ethnic or national origins, and references to a person’s racial group refer to any racial group into which he falls. Includes the Irish traveller community but does not include a group of persons defined by reference to religious belief or political opinion. OFFICIAL [PUBLIC] Page 37 Religious Group Means a group of persons defined by reference to religious belief or lack of religious belief. Sexual Orientation Means a group of persons defined by reference to sexual orientation. Disability Means any physical or mental impairment. It is therefore important that any comments made by the defendant is recorded for the courts. Remember this is for any offence and not just assaults. OFFICIAL [PUBLIC] Page 38