Assault

In the UK, assault is classified into different types based on the seriousness of the offence, the level of harm caused to the victim, and the intent of the perpetrator and the main types of assault under UK law are:

S39 ASSAULT

1. Common Assault (S39): This involves an act that causes another person to fear immediate and unlawful force, or the application of force itself. It doesn’t require injury or actual physical harm, but it does involve intentionally or recklessly causing someone to feel threatened or physically harmed.
2. Battery (S39): This refers to the actual physical application of force on another person without their consent, again with no need for injury. It’s touching or striking someone in a way that’s considered offensive by the law.

These are considered the least serious types of assault and occur when there’s an assault but no injury. More specifically, common assault happens when someone is made to fear immediate unlawful violence, without any physical contact. On the other hand, battery or assault by beating involves actual physical contact, such as hitting or slapping, but without causing any injuries

Examples of S39 assault are:

• • Threatening someone with violence or making them feel afraid (e.g., raising a fist or brandishing a weapon but not using it).
  • Pushing or slapping someone.
  • Spitting at someone (although this can also be considered battery in some cases).

Penalties for S39 assault offences can carry up to a maximum of 6 months imprisonment or a fine and is classified as a Summary Only offence being dealt with in the Magistrates Court.

S47 ASSAULT

Actual Bodily Harm (ABH) (Section 47 Offences Against the Person Act 1861)

An offence is committed when one person assaults another, resulting in Actual Bodily Harm (ABH), which can range from something minor like a bruise or scrape.

ABH involves the infliction of injury or harm that is more severe than common assault or battery but less severe than grievous bodily harm (GBH). The injury must be more than trivial or insignificant.

• Examples:
  • Punching someone and causing bruising or swelling.
  • Scratching, biting, or causing cuts that require medical treatment.
  • Pushing someone into something that causes harm (e.g., into a wall or onto the ground).
• Characteristics:
  • Requires actual physical harm that can be seen or documented.
  • Psychological harm can also be considered (e.g., if there is a lasting fear or anxiety caused by the assault).
  • Penalties: Up to 5 years imprisonment.

Penalties for S47 assault offences can carry up to 5 years imprisonment and is classified as a Either way offence and can be heard either in the Magistrates Court or the Crown Court although in most cases it is dealt with at Crown Court.

S20 / S18 ASSAULT

Grievous Bodily Harm (GBH) (Section 20 & 18 Offences Against the Person Act 1861)

GBH refers to serious injuries that cause long-term or permanent damage. It is divided into two types:

Section 20 (Unlawful Wounding or Inflicting GBH) & Section 18 (Wounding with Intent to Cause GBH

Section 20 of the Offences Against the Person Act 1861 (commonly referred to as s.20 assault) is an offence under UK criminal law that deals with unlawful wounding or inflicting grievous bodily harm (GBH).

The key elements are:

Elements of s.20 Assault (GBH or Wounding):

1. Infliction of GBH or Wounding:
   • Wounding: This involves breaking the skin (e.g., a cut that causes blood to flow). It doesn’t have to be serious, but there must be a break in the skin.
   • GBH (Grievous Bodily Harm): Refers to serious physical injury (e.g., broken bones, deep cuts, or injuries that have long-term effects). It can also include psychological harm, though this is less common.
2. Intention or Recklessness:
   • The offence is indirectly intentional. The defendant doesn’t have to intend to cause harm, but they must be reckless in their actions. For example, if someone punches someone else and breaks their jaw, they may not have intended to break the jaw, but they were reckless in causing harm.
   • It’s a lesser offence than s.18 (which requires intent to cause GBH), but more serious than assault under s.39 (which involves causing less harm or threatening harm).
3. Unlawfulness: The act must be unlawful. In other words, the person must not have a lawful excuse, such as acting in self-defence.

Key Legal Principles:

• Wounding: If the skin is broken, even if the wound is not very serious, it can be considered a “wound.”
• GBH: Injury that causes significant harm to a person, such as broken bones, internal injuries, or severe bruising. It can also be something that causes long-term physical or mental damage.
• Recklessness: The person may not have meant to cause harm but was aware their actions were likely to cause injury.

Examples of Section 20 Assault:

1. Example 1: Punching someone in the face
   • A person punches another, causing a broken nose. The punch was reckless, and although the attacker did not intend to break the nose, the injury was significant enough to qualify as a wounding.
   • Charge: S.20 Assault – Wounding.
2. Example 2: Using a weapon recklessly
   • A person throws a bottle at another person. The bottle hits them on the head, causing a deep cut (a wound). The person throwing the bottle did not mean to cause such serious harm but was reckless in their actions.
   • Charge: S.20 Assault – Wounding.
3. Example 3: Striking someone with a blunt object
   • An individual hits someone on the head with a blunt object, causing a serious injury (e.g., a skull fracture). The person didn’t intend to cause the serious injury, but they were reckless in using a weapon like that.
   • Charge: S.20 Assault – GBH.
4. Example 4: A kick to the ribs
   • Someone kicks another person in the ribs, causing multiple fractures. While they didn’t intend to cause serious injury, they were reckless in the manner they kicked. The injury is deemed to be GBH.
   • Charge: S.20 Assault – GBH.

Sentencing:

• Maximum Penalty: The maximum penalty for a s.20 assault conviction is 5 years imprisonment, or a fine, or both. However, the actual sentence depends on the severity of the harm caused, the intent of the perpetrator, and any aggravating or mitigating factors (e.g., whether it was premeditated, the victim’s vulnerability, etc.).

Differences Between S.20 and S.18:

• s.18 Assault (also known as wounding with intent or GBH with intent) is a more serious offence. Under s.18, the person must have intended to cause serious harm or at least be reckless as to whether serious harm might result.
  • Example: If someone takes a weapon (like a knife) and deliberately stabs another person with the intent to harm, this will fall under s.18.
• s.20 doesn’t require intent to cause serious harm, just recklessness. Therefore, it’s often used in situations where harm is caused unintentionally or recklessly (e.g., a fight that escalates unexpectedly).

Conclusion:

A s.20 assault involves causing harm through recklessness or unintentionally but still results in a serious injury, either through wounding or causing GBH. The maximum sentence of 5 years is imposed for this offence, with judges considering the circumstances of the injury and the perpetrator’s intent (or lack thereof).

Section 18 Assault (also known as “Wounding with Intent”) is one of the more serious offences under UK criminal law, particularly governed by the Offences Against the Person Act 1861. It involves intentionally causing serious harm to another person or intentionally wounding them with the intention to cause grievous bodily harm (GBH) .

Elements of Section 18 assault:

1. Intent to Cause Serious Injury:
   • The person must have intended to cause serious harm or grievous bodily harm (GBH) to the victim.
   • This distinguishes it from a Section 20 offence (Wounding or Inflicting GBH), where the person only needs to act recklessly, not intentionally.
2. Wounding:
   • A “wound” in legal terms means any break in the continuity of the skin, which can include cuts, bruises, or more severe injuries.
   • Even if the wound is relatively minor, the intent to cause harm is what makes this offence more serious.

2. Assault in a Domestic Setting

Penalties:

A Section 18 assault is an Idcitable Only offence, meaning it can only be heard in Crown Court.

The penalties for Section 18 assault are severe:

• Maximum penalty: Life imprisonment.
• In practice, sentences typically range from 5 to 20 years in prison, depending on the severity of the injury caused, whether a weapon was used, and any mitigating or aggravating factors.

Factors That Influence Sentencing:

• Previous convictions or lack thereof.
• Use of a weapon (e.g., a knife or firearm).
• The level of intent to cause harm.
• Whether the victim was a vulnerable person or an emergency service worker (e.g., police officer).

Common Defences to Section 18 Assault:

• Self-defence: If the defendant was acting to protect themselves from harm, it could be a valid defence.
• Lack of intent: Arguing that the harm was unintentional or the result of recklessness rather than planning could reduce the charge to Section 20Bottom of Form

Racially or Religiously Aggravated Assault (Crime and Disorder Act 1998)

Racially or Religiously Aggravated Assault is an offence defined under the Crime and Disorder Act 1988, which came into force in the United Kingdom and this can be motivated by hatred or prejudice against the victim’s race, religion, or sexual orientation. These offences carry enhanced penalties.

• Examples:
  • Attacking someone because of their ethnicity or religious background.
  • Using racially charged language during an assault.
• Characteristics:
  • The crime is aggravated by the attacker’s bias or hatred.
  • Enhanced penalties can apply, with the judge being required to take the motivation into account.
  • Penalties: Penalties are often more severe than those for non-aggravated assaults, with increased sentences for hate crime elements.

1. Definition of the Offence:

The Crime and Disorder Act 1988 introduced the concept of “aggravated offences,” which means that certain crimes are treated more seriously when the motivation behind them is based on the victim’s race, ethnicity, or religion. A racially or religiously aggravated assault occurs when an individual commits an assault (which could be physical violence or threats of violence) and there is evidence that the attack was motivated by hostility towards the victim’s racial or religious background.

2. Racial or Religious Hostility:

The key element of the offence is the aggravation by racial or religious hostility. This means the perpetrator must show hostility toward the victim’s race or religion during the commission of the assault. For instance, if the attacker uses racial slurs or makes religiously charged comments during the assault, it can be used as evidence of aggravation.

3. Elements of Racially or Religiously Aggravated Assault:

• Assault: There must be an act of assault, which could include physical violence (such as hitting, pushing, or slapping), threats of violence, or any behaviour that causes the victim to fear immediate harm.
• Aggravating Factor: The assault must be aggravated by the perpetrator’s racial or religious hostility. This can be evidenced by words spoken, gestures made, or other behaviours that show the attack was motivated by such hostility.

4. Penalty:

The penalty for racially or religiously aggravated assault is generally more severe than for a non-aggravated assault. It can be treated as an either-way offence, meaning it could be tried either in a Magistrates’ Court or a Crown Court, depending on the severity of the assault. The maximum sentence can vary but may include prison time, community orders, or fines, with more serious cases attracting longer sentences.

In summary, Racially or Religiously Aggravated Assault under the Crime and Disorder Act 1988 is a serious offence that recognises the damaging effects of hate-driven violence. It ensures that crimes motivated by racial or religious hatred are given more severe punishment and highlights the commitment to fighting hate crime in society.

Assaulting a Police Officer/Emergency Worker (Section 89 Police Act 1996)

Offence Description: Section 89 makes it an offence to assault a police constable or emergency worker in the execution of their duty. This includes any act that causes harm or threatens harm to the officer while they are carrying out their legal duties.

Physical Assault: This can include hitting, pushing, or using force against a police officer. The severity of the assault can vary, from minor force to more serious acts of violence.

Execution of Duty: The officer must be in the execution of their duty at the time of the assault. This means they must be acting in the course of their role as a police officer, such as during an arrest, investigation, or maintaining public order.

• Definition: This offense involves the assault of a police officer during the execution of their duties. It can include common assault or battery.
• Examples:
  • Hitting, pushing, or obstructing a police officer while they are carrying out their job.
  • Threatening or intimidating a police officer.
• Characteristics:
  • The assault must occur while the police officer is on duty.
  • Penalties: The maximum penalty for assaulting a police officer is 6 months imprisonment or a fine.

Summary Offence: Assaulting a police officer is usually considered a summary offence, meaning it can be heard in a Magistrates’ Court.

Potential Sentences: If convicted, the maximum penalty can include a fine, imprisonment, or both, with up to 6 months imprisonment being the maximum sentence for a straightforward assault under Section 89. However, if the assault is aggravated (e.g., the police officer is seriously injured), the penalty can be more severe.

Aggravating Factors: If the assault causes significant harm to the officer or is premeditated, this can lead to a more severe penalty or be treated as a more serious offence under different legal provisions.

Defences: Self-Defence: A person may argue they were acting in self-defence if they believed they were in imminent danger from the police officer or others.

Excessive Force by the Officer: In rare cases, the defence may argue that the police officer was using excessive force, which led to the incident.

These categories and penalties are a general guide. The actual sentence can depend on various factors, including the seriousness of the injury, whether the offence was premeditated, and whether the defendant has previous convictions.

DEFENCES

In UK law, there are several defences available to someone accused of assault. These defences vary depending on the specific circumstances of the case, and they can either reduce the severity of the charge or lead to a complete acquittal. Here are some of the main defences:

1. Self-Defence

A person may use force to protect themselves if they are threatened with imminent harm. The force used must be reasonable and proportionate to the threat.

The person can defend themselves, others, or property.

The response must be “reasonable” in relation to the threat.

Pre-emptive strikes may be justified if the threat is imminent.

• Example: If someone is attacked with a weapon and defends themselves using reasonable force to prevent injury.

2. Defence of Others

A person may use force to defend another person if they reasonably believe that the other person is under threat of harm.

The force used must be proportionate to the threat faced by the third party.

The person defending must have a reasonable belief that the other person is at risk.

• Example: If you see someone being attacked and you intervene to prevent harm to them, using reasonable force.

3. Defence of Property

A person may use force to protect their property, but the force must be reasonable and necessary.

The defence can only apply to protecting your property from immediate danger (e.g., an intruder).

Force used must be proportionate, and deadly force is usually not justifiable unless under exceptional circumstances.

• Example: You use force to prevent someone from stealing your car, but you cannot use excessive force (e.g., shooting them).

4. Consent

If the victim consented to the assault or the contact, this could be a valid defence. This is particularly relevant in contexts like sports or certain physical activities.

Consent must be given voluntarily, knowingly, and intelligently.

There are limits, for example, consent cannot be used as a defence in cases of serious harm or injury that goes beyond what was agreed to.

A person being injured during a boxing match, where both parties consented to the physical contact as part of the sport.

5. Acting Under Duress

A person may be able to argue that they committed the assault because they were forced to do so under threat of harm to themselves or others.

The threat must be of immediate harm or death.

The threat must be serious enough to overcome the person’s free will.

• Example: Someone attacks another person because they were threatened with death if they did not comply.

6. Insanity or Lack of Mental Capacity

If a person did not have the mental capacity to understand their actions at the time of the assault, they may be able to raise a defence based on insanity.

The defendant must prove they were suffering from a mental illness at the time of the incident, which prevented them from understanding the nature of their actions or knowing that their actions were wrong.

• Example: A person with a severe mental disorder attacks someone but was unaware that their actions were wrong due to their condition.

7. Automatism (Involuntary Action)

If the assault was committed involuntarily (for example, as a result of a medical condition or sleepwalking), this could serve as a defence.

The defendant must prove that they were not in control of their actions at the time of the incident.

Automatism can be either non-insane (e.g., caused by a blow to the head or a seizure) or insane (e.g., caused by a mental disorder).

• Example: A person attacks someone while sleepwalking or having an epileptic seizure and was unaware of what they were doing.

8. Provocation

While provocation itself does not justify assault, it may be used to reduce the severity of the charge or sentence.

The defence of provocation is typically used in cases of manslaughter, not murder, where a person may have been provoked to such an extent that they lost control.

Provocation does not justify using excessive force.

• Example: A person is insulted repeatedly, which leads them to assault the provocateur in a moment of loss of control.

9. Accident

The defendant may argue that the assault was unintentional and occurred accidentally without criminal intent.

This defence can be used when the force used was not intended or was not directed at the victim.

• Example: A person accidentally hits another during a scuffle or while attempting to break up a fight but did not intend to harm them.

Conclusion

These defences are not always straightforward, and courts will carefully examine the facts to determine if any of these defences are applicable. In any case, the burden of proof typically lies with the defendant to show that their actions were justifiable under the law

Solicitors play a crucial role in defending someone charged with a crime, including assault. Here’s how we can help with a defence:

Assess the Case

A solicitor will begin by reviewing all the evidence related to the case—such as witness statements, police reports, CCTV footage, or any other materials. They will identify weaknesses or inconsistencies in the prosecution’s case, helping to build a strong defence strategy.

Advise on Legal Defences

Depending on the details of the case, a solicitor will advise you on potential legal defences, such as:

• Self-defence: If you were protecting yourself from harm, your solicitor can help establish whether your actions were reasonable and proportionate to the threat you faced.
• Mistake: Sometimes, someone might act out of a genuine but mistaken belief that they were in danger.
• Consent: In some cases, the alleged victim may have consented to the actions (for example, in contact sports).3. Prepare the Legal Strategy

• A solicitor will develop a comprehensive legal strategy, which might include preparing for trial or negotiating with the prosecution. This could involve gathering further evidence, such as expert reports, and advising you on what to expect during legal proceedings.

Negotiate with the Prosecution

• In some cases, your solicitor can negotiate with the prosecution to reduce the charges or secure a plea deal. For example, they may argue for a lesser charge or for the case to be dismissed if there is insufficient evidence.

Represent You in Court

• If the case goes to trial, your solicitor will represent you in court. This includes presenting the evidence in your favour, cross-examining witnesses, and making legal arguments on your behalf. They will work to ensure that your rights are protected throughout the trial process.

Support Throughout the Process

• Legal proceedings can be stressful, and having a solicitor means you’ll have someone who can explain legal terms and procedures, guide you through the process, and ensure you’re making informed decisions at every step.
• Solicitors are essential for protecting your interests, ensuring you have the best possible defence, and helping navigate the complexities of the criminal justice system