section 39 of theCriminal Justice Act 1988

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

Common assault — topic/offence reference under Contrary to section 39 of theCriminal Justice Act 1988..

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

Points to prove

  • 1. The defendant caused another person to apprehend immediate and unlawful personal violence (common assault at common law); where the charge is put as battery, the defendant applied unlawful force to another person
  • 2. The defendant intended the person to apprehend such violence (or, for battery, intended to apply force), or was reckless as to that result
  • 3. The violence apprehended (or force applied) was unlawful — without consent, lawful authority or other lawful justification

Defences

  • General defence — self-defence or defence of another (common law; s 76 Criminal Justice and Immigration Act 2008).
  • General defence — use of reasonable force in the prevention of crime or in effecting a lawful arrest (s 3 Criminal Law Act 1967).
  • Consent, or the ordinary incidents of everyday contact, negates unlawfulness (particularly for battery).

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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