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LEGAL ADVICE FOR ACTIVISTS

14. Offences agains the person

Contents

14.1 Common Assault and Battery
14.2 Assault Causing Actual Bodily Harm (ABH)
14.3 Wounding and Assault causing Grevious Bodily Harm (GBH)
14.4 Alternative Charges

14.1 Common Assault and Battery

Assault and battery are “common law” offences. Although the term assault is often used to cover situations involving both assault and battery, they are in fact two separate offences.

14.1.1 Assault

Assault is defined at common law as “any act which puts a person in fear of immediate and unlawful violence”. So if you go to throw a punch at somebody and they fear that you will carry it out, this is enough to constitute the offence. The victim does not have to be actually afraid – he will be deemed to “fear” violence, if he anticipates that the punch will be carried out.

14.1.2 Battery

Battery is defined at common law as “the application of unlawful violence” by the accused on the victim. The slightest touching is enough to constitute a battery, but the courts have recognized that everyday life involves many incidents of contact between persons which should not be treated as criminal.

14.1.3 Points to note on battery and assault

For both assault and battery, the prosecution must show that the violence was unlawful. If on a demo you see the police attacking someone using unreasonable force – eg punching or kicking someone on the ground - then you would be entitled to use reasonable force to defend them. If you were then arrested for assault and / or battery, it would be a possible defence to say that you were using reasonable and therefore lawful force in preventing crime or in self-defence. It would be for the magistrates to decide whose force was reasonable in the circumstances, and of course video or independent evidence is vital in these circumstances.

It would not be a battery for a police officer to tap you on the shoulder to get your attention or for you to do likewise.

The police cannot use force to detain you against your will and this could amount to assault or battery unless you have been arrested or are being searched.

Assault can be committed by words as well as actions, so long as the threat of violence is immediate.
Assault and / or battery are punishable summarily by up to 6 months imprisonment or a fine.

Neither assault nor battery are “arrestable offences” but the police do have several powers of arrest where they reasonably suspect you of these offences. They may arrest you

i) at common law to prevent a breach of the peace, or
ii) using a statutory power of arrest – eg for assaulting a police officer in the execution of his duty or
iii) under any of the general arrest conditions apply under Section 25 of PACE, or
iv) for an “arrestable” offence – eg assault causing actual bodily harm, or violent disorder.

The police may then charge you after arrest with common assault or battery.

14.2 Assault Causing Actual Bodily Harm (ABH)

Assault causing actual bodily harm (ABH) is an offence under Section 47 of the Offences Against the Person Act 1847. Such an assault is a defined as an assault or battery, which in addition causes actual bodily harm. This need not be permanent or serious, but more than just a push or shove on a demo. There does not necessarily need to be a bruise or swelling if the victim is caused sufficient pain or discomfort.

Arrest and Punishment
ABH is an “either way” offence, which carries a maximum sentence of 5 years on indictment or 6 months summarily. It is therefore arrestable under Section 24 of PACE.

The police may often arrest you on suspicion of ABH or GBH (see below) where their arrest powers are otherwise insufficient – for example, after an assault has taken place – and then later drop the charge to common assault or battery.

14.3 Wounding and Assault causing Grevious Bodily Harm (GBH)

The Offences Against the Persons Act 1847 contains two offences of wounding or causing GBH under Section 18 and 20. Section 18 is by far the most serious as it carries a maximum sentence of life imprisonment, whereas the maximum for Section 20 is 5 years. The difference is that the prosecution must prove that you intended to cause serious bodily harm under Section 18, whereas they need only show that you acted recklessly under Section 20.

Under both sections, an assault causing grievous bodily harm or wounding is defined as follows.
To constitute a wound the whole skin must be broken. It must be more than a scratch, but one drop of blood would be sufficient.

Grievous bodily harm must be “really serious harm”, an obvious example of which would be a broken bone. There is no legal definition however, and it is a question of fact for the jury to decide.

Arrest and Punishment
Both offences under sections 18 and 20 are arrestable under Section 24 PACE and triable on indictment only.

14.4 Alternative Charges

For all of the above assault charges, the prosecution will need to prove that some harm has been inflicted. For this they will need a victim to give evidence to that effect. Where they are unable to do this, alternative charges may be brought under the Public Order Act 1986. Under several sections of this act, a conviction may be secured if it can be shown that a person was likely to fear violence etc, and no “victim” need actually testify to this effect. This is why public order offences are often charged as an alternative to more serious assault charges.

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