Common Assault (Section 39 Criminal Justice Act 1988)

Common Assault is a summary offence by virtue of s.39(1) Criminal Justice Act 1988, which provides that common assault and battery shall be summary offences and that a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both (s.39(1)). Section 39 fixes the mode of trial and the penalty; it does not set out the elements of common assault, which are at common law. Subsection (1) is subject to s.1 of the Assaults on Emergency Workers (Offences) Act 2018, which makes provision for increased sentencing powers for offences of common assault and battery committed against an emergency worker acting in the exercise of functions as such a worker (s.39(2)). Maximum sentence: imprisonment for a term not exceeding six months, a fine not exceeding level 5 on the standard scale, or both (s.39(1)).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. Officers should photograph injuries at the earliest opportunity and again after 24-48 hours (bruising develops). Domestic abuse cases require completion of a DASH risk assessment. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).