What is Section 39 of the Criminal Justice Act 1988?
39 Criminal Justice Act 1988. An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence.
Is section 39 serious?
Section 39 of the Criminal Justice Act 1988 covers assault and battery offences. They are less serious than Actual Bodily Harm (Section 47 of the Offences Against the Person Act 1861) and are summary offences which can only be tried in the Magistrates Court. The maximum punishment is 6 months imprisonment.
What is the maximum sentence for section 39?
Section 39 assaults are offences which can only be dealt with in the Magistrates Court. The maximum sentence is 6 months imprisonment. These offences are, however, dealt with by a fine or a community penalty.
What does the Criminal Justice Act do?
It amends the law relating to police powers, bail, disclosure, allocation of criminal offences, prosecution appeals, autrefois acquit (“double jeopardy”), hearsay, propensity evidence, bad character evidence, sentencing and release on licence.
Is shouting an assault?
To be charged with Common Assault generally, it is important to understand that you don’t even have to be physically violent – even shaking your fist as someone or shouting threatening words can be considered a form of Assault if the other person believes that they are about to be harmed by you.
Whats worse ABH or GBH?
What is GBH? Grievous bodily harm is also a criminal offence under the Offences against the Person Act 1861. It is a more serious crime than ABH – as committing GBH means causing extremely serious injuries which severely affect the health of the victim. These can include broken bones or permanent disfigurement.
What is a Section 39 Offence?
Section 39 common assault or battery (use of physical force) is the lowest form of violence to the person. However, it still carries the possibility of a prison sentence. This offence is often charged where there is no serious injury but there are bruises, grazes or lesser injuries.
What is the maximum sentence for battery?
What is the maximum sentence for assault and battery? Common assault carries a maximum penalty of six months in prison and/or a fine. A person charged with a first offence is likely to receive a fine rather than a custodial sentence.
What is the sentence for criminal damage?
Section 4 Criminal Damage Act 1971 sets out a maximum penalty of life imprisonment for this offence. When tried summarily the maximum penalty is a level 5 fine and/or 6 months imprisonment.
How long do you go to jail for assaulting a police officer?
This offence is summary only, which means that it can be heard in the magistrates’ court. It carries a maximum sentence of six months’ imprisonment.
What is section 39 assault by beating?
What is an assault by beating offence? The offence of assault by beating arises under the category of common assault, which is set out at Section 39 of the Criminal Justice Act 1988. An assault is any act that causes a person to suffer or fear that they are about to suffer immediate unlawful violence.
What evidence do CPS need to charge?
The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.
Why Is the Criminal Justice Act important?
The Act aims to provide a sentencing framework which is clearer and more flexible than the current one. The purposes of sentencing of adults are identified in statute for the first time, as punishment, crime reduction, reform and rehabilitation, public protection and reparation.
Why was the Criminal Justice Act 1991 introduced?
″An Act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the …
Why do criminal justice researchers use statistics?
Crime statistics can be a tool in helping criminal justice professionals anticipate increased risk of crime. This can be followed up by law enforcement intervention to prevent the predicted crimes from occurring. … The goal is that with more work, crime statistics will become a tool to help decrease future crimes.