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ASSAULT • BATTERY • SELF-DEFENCE • EVIDENCE

Common Assault & Battery Defence

Common assault and battery cases often turn on a short encounter, but the legal issues can include whether force was used, whether immediate violence was apprehended, intention or recklessness, self-defence and the reliability of CCTV, body-worn video and witness accounts.

KEY ANSWER

The position in brief

Common assault and battery are commonly prosecuted under section 39 of the Criminal Justice Act 1988. Common assault involves intentionally or recklessly causing another person to apprehend immediate unlawful violence. Battery involves the intentional or reckless application of unlawful force.

A physical injury is not required for common assault, and battery can involve relatively minor force. The defence may concern denial, accident, lack of the required mental element, self-defence or whether the prosecution evidence is reliable.

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.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can advise before interview, assess charge selection and self-defence, review CCTV and witness evidence, make focused pre-charge representations where justified and conduct Magistrates’ Court proceedings.

NEXT STEP

Discuss a common assault allegation

Send the allegation, next date and any CCTV, body-worn video, photographs or witness material for an initial assessment.

Discuss a common assault allegation

FREQUENTLY ASKED QUESTIONS

Questions about this issue

What is the difference between common assault and battery?

Common assault concerns causing another person to apprehend immediate unlawful violence. Battery concerns the actual application of unlawful force. Both are commonly prosecuted under section 39 Criminal Justice Act 1988.

Can I rely on self-defence?

Potentially. The court considers whether you honestly believed force was necessary and whether the force used was reasonable in the circumstances as you believed them to be. The evidence and sequence matter.

Does there have to be an injury?

No. Common assault can be committed without physical contact, and battery does not require significant injury. More serious injury may point to ABH or GBH instead.