Criminal Justice Act 1988, s 39

Common assault—battery

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 and battery shall be summary offences

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

Points to prove

  • 1. assaulted
  • 2. another person
  • 3. all points above
  • 4. application of unlawful force (eg by beating)

Defences

  • Consent, actual or implied, is a defence to battery, and trivial touching of a kind which is generally acceptable in the ordinary conduct of daily life is regarded by the law as the use of lawful force, either because it is an exception in its own right, amounting to deemed consent, or because it is an example of implied consent. The line is drawn between acceptable and unacceptable force by having regard to the degree and duration of the force used.

Mode of trial & maximum penalty

Summary — 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

  • Verified dataset — legislation.gov.uk (current revised versions)

This card, offline, in two taps

Section puts 1,200+ offences with verified points to prove, penalties and CJS codes in your pocket — built for on-shift lookup, free.

Join the waitlist