section 39, Criminal Justice Act 1988 and section 44, Magistrates' Cou

Aid abet counsel and procure common assault

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, July 2026).

What the law says

Aid abet counsel and procure common assault — topic/offence reference under Contrary to section 39 of the Criminal Justice Act 1988 and section 44 of the Magistrates' Courts Act 1980..

CJS codes
Official CJS offence index (March 2026)
—Charged under the specific underlying offence code.

Points to prove

  • 1. Another person (the principal) committed common assault or battery (s 39 CJA 1988)
  • 2. The defendant aided, abetted, counselled or procured the commission of that summary offence by assisting or encouraging it (s 44(1) MCA 1980)
  • 3. The defendant intended to assist or encourage the principal's offence
  • 4. The defendant knew the essential matters constituting the offence

Defences

  • Common-law defence — effective withdrawal: unequivocal communication of withdrawal (and, where assistance has been given, reasonable steps to neutralise it) before the offence is committed.

Mode of trial & maximum penalty

Summary only — Summary: 6 months' imprisonment and/or a fine

Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.

Sources

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