Jurisdiction(s):
United Kingdom

Key definition

Assault and battery definition

What does Assault and battery mean? In legal practice, “assault and battery” describes two linked wrongs: assault is causing another to apprehend immediate, unlawful violence; battery is the intentional or reckless application of unlawful force, even minimal touching beyond everyday contact. In England & Wales and Northern Ireland, the offences are distinct at common law, with definitions developed by case law; ‘common assault’ covers an assault (fear-only) and ‘assault by beating’ is commonly used to describe battery. Section 39 of the Criminal Justice Act 1988 (E&W) sets trial and sentencing but not the definitions. Assault can be committed without physical contact (e.g. words or gestures) if...

Common assault and battery in England and Wales: elements, defences, time limits, aggravated variants, CPS charging standards, and sentencing guidelines

Published by a LexisNexis Corporate Crime expert

Practice notes

The offences of common Assault and battery

Strictly speaking, assault and battery are separate summary offences. Assault arises where a Defendant, intentionally or recklessly, causes another person to fear immediate and unlawful violence, whereas battery is made out when unlawful force is applied intentionally or recklessly. A battery may occur after an assault, but that is not invariably so...

Both are summary-only offences, ordinarily tried in the magistrates’ court. However, where the incident is racially motivated, section 29 of the Crime and Disorder Act 1998 (CDA 1998) permits trial either in the magistrates’ court or the Crown Court. See Racially or religiously aggravated assault below. The usual statutory limit for charging assault or battery is six months from the date of the offence. Different time limits may apply in proceedings for common assault or battery where the conduct alleged amounts to Domestic violence and the Complainant has...

given a witness statement with a view to its possible admission as evidence in the proceedings, and provided that statement to a police constable, or a person authorised by a police constable to receive...

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Web page updated on 21/05/2026

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