Is common assault an imprisonable offence?
Is common assault an imprisonable offence?
Common assault, actual bodily harm (ABH) and grievous bodily harm (GBH) are criminal offences under the Criminal Justice Act 1988 (‘CJA’) and the Offences Against the Person Act 1861.
What is section 39 of the Criminal Justice Act 1988?
Section 39 of the Criminal Justice Act 1988 covers assault and battery offences. They are less serious than Actual Bodily Harm (Section 47 of the Offences Against the Person Act 1861) and are summary offences which can only be tried in the Magistrates Court.
What is the maximum punishment for common assault?
They are less serious than Actual Bodily Harm (Section 47 of the Offences Against the Person Act 1861) and are summary offences which can only be tried in the Magistrates Court. The maximum punishment is 6 months imprisonment.
Can a person be charged with assault in the Crown Court?
Assault is a term used to describe any offence committed against another person. It can be dealt with in either the Crown Court or Magistrates’ Court, depending on the title and severity of the offence in question.
What are the other offences under the assault Act?
There are two other offences related to common assault – assault with intent to resist arrest and assault on a police constable in execution of his duty. Assault with intent to resist arrest (section 38 Offences against the Person Act 1861)
Is the offence of common assault a statutory offence?
In DPP v. Taylor and DPP v. Little it was held that common assault is a statutory offence, contrary to section 39 of the Criminal Justice Act 1988. This decision was criticised and in Haystead v DPP the Divisional court expressed the obiter opinion that common assault remains a common law offence. In England and Wales, it is a summary offence.
Section 39 of the Criminal Justice Act 1988 covers assault and battery offences. They are less serious than Actual Bodily Harm (Section 47 of the Offences Against the Person Act 1861) and are summary offences which can only be tried in the Magistrates Court.
What does the Criminal Justice Act 1988 say about common assault?
Section 39 of the Criminal Justice Act 1988 does not contain a definition of the expression “common assault” that appears there. What the offence actually consists of must be determined by reference to case law .
They are less serious than Actual Bodily Harm (Section 47 of the Offences Against the Person Act 1861) and are summary offences which can only be tried in the Magistrates Court. The maximum punishment is 6 months imprisonment.