Common assault and battery


Published by a ³ÉÈËÓ°Òô Corporate Crime expert
Practice notes
In-house

Common assault and battery


Published by a ³ÉÈËÓ°Òô Corporate Crime expert

Practice notes
In-house
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The offences of common assault and battery

Technically, 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:

  1. •

    made a witness statement with a

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Jurisdiction(s):
United Kingdom
Key definition:
Assault and battery definition
What does Assault and battery mean?

These are separate offences; an assault is intentionally or recklessly causing another to apprehend immediate and unlawful violence, whereas battery is the intentional or reckless infliction of unlawful force.

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