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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
Full glossary
Legal term
Criminal Law

Battery

The intentional or reckless application of unlawful force to another person. The force need not be hostile or violent — the slightest unwanted touching can suffice. Placed on a statutory footing, alongside common assault, by section 39 of the Criminal Justice Act 1988.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

CPS legal guidance on offences against the person gives a precise, working definition: 'Battery is committed by the intentional or reckless application of unlawful force to another person.' It is treated as legally distinct from common assault, even though the two are usually charged together: 'These are two separate offences, placed on a statutory footing by section 39 CJA 1988.'

As a summary-only offence, battery normally carries a maximum penalty of six months' imprisonment and is subject to the usual six-month charging time limit under section 127 of the Magistrates' Courts Act 1980, with a specific statutory exception for domestic abuse battery. Consent operates as a defence in appropriate circumstances: 'Consent is a defence to battery', though the guidance notes that the availability of consent as a defence is itself subject to established case law limits.

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Official sources

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