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View the related practice notes about Assault and battery

Common assault and battery

The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when the defendant intentionally or recklessly causes another to apprehend immediate and unlawful violence and battery is committed when a defendant intentionally or recklessly inflicts unlawful force. Although battery may follow an assault that is not always the case.Common assault and battery can only be tried in the magistrates' court, unless the attack is racially motivated, in which cases the offences can be tried in the magistrates' court or Crown Court by virtue of section 29 of the Crime and Disorder Act 1998 (CDA 1998). See Racially or religiously aggravated assault below.The normal statutory time limit for charging an offence of assault or battery is six months from the commission of the offence. However, separate time limits apply in proceedings for common assault or battery where the alleged behaviour of the accused amounts to domestic violence, and the complainant has:•made a witness statement with a view to its possible...

Assault with intent to resist or prevent arrest

The offence of assault with intent to resist or prevent arrestAssault with intent to resist or prevent arrest contrary to section 38 of the Offences Against The Person Act 1861 (OATPA 1861) is an offence which can be tried in the magistrates' court or the Crown Court. The magistrates' court will decline jurisdiction if the sentencing powers of the court are considered to be insufficient. Guidance on the magistrates' court sentencing powers is provided by the Sentencing Council's Magistrates’ Court overarching guideline—allocation.Elements of the offence of assault with intent to resist or prevent arrestThe elements of the offence are set out in OATPA 1861, s 38. The prosecution must prove that the accused committed:•an assault on any person•with the intention to resist or prevent•the lawful apprehension or detention of themselves or another for any offenceMeaning of assaultOffences under OATPA 1861, s 38 require a common assault to have been committed.Common assault requires conduct which causes the victim to apprehend immediate unlawful force upon them. See further, Practice Note: Common assault...