Common Assault
An offence under s.39 Criminal Justice Act 1988 comprising assault (causing the victim to apprehend immediate unlawful personal violence) and battery (the application of unlawful force). A summary offence with a maximum of 6 months' imprisonment.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
CPS legal guidance states the two offences precisely: 'Common assault is an act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence.' Battery, by contrast, 'is committed by the intentional or reckless application of unlawful force to another person.' They are two separate offences, both placed on a statutory footing by section 39 of the Criminal Justice Act 1988; where battery is the correct charge, CPS guidance says it should be charged as 'assault by beating'.
Domestic abuse cases get special treatment: where the offence amounts to domestic abuse, prosecutors must have regard to section 39A of the 1988 Act, which extends the usual (short) summary time limit for bringing the charge.
Related terms
Official sources
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