The offence
Assault is putting a person in fear of unlawful force; battery is the actual application of unlawful force. Both are summary offences under section 39 of the Criminal Justice Act 1988, carrying up to six months’ imprisonment.
Defences
- Self-defence and reasonable force
- No intent or recklessness as to the application of force
- Consent, in limited sporting or social contexts
- Disputed identification or the circumstances
Sentencing
Common assault is summary-only, carrying up to six months’ imprisonment and a fine. For first or minor offences, a fine, discharge or community order may be appropriate. Assault on an emergency worker carries a higher maximum.
Frequently asked questions
A conviction or caution is recorded and can appear on DBS checks. For minor, first offences, diversion or a discharge may be possible.
Six months’ imprisonment. Assault on an emergency worker, under a separate offence, carries a higher maximum.
Yes. Reasonable force used to defend yourself or another is a complete defence.