Legal issues
Charge selection depends on the proven facts and injury. Current CPS guidance distinguishes common assault/battery from ABH and GBH by considering injury together with the wider circumstances. Self-defence requires careful analysis of the defendant’s honest belief that force was necessary and whether the force used was reasonable in the circumstances as believed.
Most common assault/battery cases are summary only and subject to statutory time limits. For qualifying domestic-abuse offences committed on or after 28 June 2022, section 39A Criminal Justice Act 1988 creates an extended prosecution timetable in specified circumstances.
Evidence that matters
Evidence can include CCTV, body-worn video, 999 calls, photographs, medical evidence where relevant, witness accounts, messages before or after the incident and the parties’ conduct. Small differences in sequence, distance and who initiated contact can be important.
Reasonable lines of enquiry
Reasonable enquiries may include obtaining complete CCTV, doorbell or vehicle footage; preserving body-worn video; identifying independent witnesses; obtaining photographs or medical material; and checking messages or call records where they explain what occurred immediately before or after the incident.
What happens next
The allegation may be dealt with by voluntary interview or arrest, followed by no further action, an out-of-court disposal where legally appropriate, charge or postal requisition. If charged, most common assault cases are dealt with in the Magistrates’ Court.
Immediate steps
Preserve footage, photographs, messages and witness details immediately. Do not edit recordings or contact a complainant contrary to bail conditions. Write a short chronology while events are fresh.
What should you send us?
Send the allegation or charge, bail/requisition paperwork, next date, CCTV or BWV if available, photographs, medical material, messages, witness details and your chronological account.