Assault with intent to resist arrest

s.38 Offences against the Person Act 1861 · Triable either way

Sentencing framework

The guideline outlines a structured approach to sentencing for assault with intent to resist arrest, determining the starting point based on the level of culpability and harm. The court evaluates aggravating and mitigating factors before deciding the appropriate sentence, which can range from a fine to custodial imprisonment.

Maximum sentence

2 years’ custody

Court

Triable either way

Starting point

36 weeks’ custody

Offence range

Fine – 1 year 3 months’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Offence motivated by hostility based on victim's characteristics
·Spitting or coughing
·Victim isolated and had no opportunity to escape
·Presence of children
·Gratuitous degradation of victim
·Any steps taken to prevent the victim reporting an incident
·Commission of offence whilst under the influence of alcohol/drugs
·Offence committed whilst on licence or subject to post sentence supervision
·Failure to comply with current court orders

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Good character and/or exemplary conduct
·Age and/or lack of maturity
·Mental disorder or learning disability not linked to the offence
·Sole or primary carer for dependent relative(s)
·Determination to address addiction or offending behaviour
·Serious medical conditions requiring treatment

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 – Determining the offence category
Step 2 – Starting point and category range
Step 3 – Consider any factors which indicate a reduction for assistance to the prosecution
Step 4 – Reduction for guilty pleas
Step 5 – Totality principle
Step 6 – Compensation and ancillary orders
Step 7 – Reasons
Step 8 – Consideration for time spent on bail (tagged curfew)

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.