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Walsall CouncilAccess all documents on Actual bodily harm
The offence of actual bodily harm Assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the Crown Court. In most instances, ABH is tried in the magistrates' court unless that court considers its sentencing powers inadequate (see: Sentencing for ABH below). Elements of the offence Under section 47 of the Offences Against the Person Act 1861 (OATPA 1861), the prosecution must prove: an assault or a battery; and that the assault or battery caused the victim actual bodily harm. Assault The prosecution must establish: conduct, done intentionally or recklessly, which causes the victim to apprehend immediate unlawful violence. It is unnecessary for any force to be used; the required element is the fear or anticipation of violence. Battery The prosecution must establish: the infliction of unlawful force upon another person; and that such force was applied intentionally or recklessly....
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An offence under section 11 of the Terrorism Act 2000 (membership of a proscribed organisation).