section 39, Criminal Justice Act1988

Assault by beating

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

What the law says

Assault by beating — topic/offence reference under Contrary to section 39 of the Criminal Justice Act1988..

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

Points to prove

  • 1. The defendant applied force to the body of another person (any unlawful touching suffices — 'beating' denotes battery)
  • 2. The application of force was intentional or reckless
  • 3. The force was unlawful — applied without the consent of the other person and without lawful excuse or justification

Defences

  • Consent — genuine consent of the person to the application of force (subject to the public-policy limits in R v Brown)
  • Self-defence, defence of another or of property, and prevention of crime — common law and s 76 Criminal Justice and Immigration Act 2008; s 3 Criminal Law Act 1967
  • Reasonable punishment of a child — s 58 Children Act 2004 (available only where the charge is common assault/battery, not for ABH or above)

Mode of trial & maximum penalty

Summary only — Summary: 6 months' imprisonment and/or a level 5 fine

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

Sources

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