Fear or provocation of Possession of an offensive
Offence Assault / Battery ABH GBH GBH with intent Affray
violence weapon
S.39 Criminal Justice Act S.47 Offences Against the S.20 Offences Against the S.18 Offences Against the
Statute S.3 Public Order Act 1986 S.4 Public Order Act 1986 S.1 Prevention of Crime Act 1953
1988 Person Act 1861 Person Act 1861 Person Act 1861
1. Actual bodily harm was 1. Used or threatened 1. ‘Offensive weapon’ is any
a consequence, directly or unlawful violence towards article made or adapted for use
indirectly, of the 1. Intention or reckless as
another (not words alone) for causing injury to the person,
defendant’s actions (incl. to causing some bodily
or intended by the person having
psychiatric shock) harm
1. Either an intention to 1. Uses towards another it with him for such use by him o
2. Conduct is such as
cause apprehension of threatening, abusive or by some other person
would cause a person of
immediate unlawful 2. Mens Rea of Wounding: insulting words or behaviour
1. S.20 Actus Reus reasonable firmness (had
violence; or subjective assault/battery 2. Unlawful application of
they been present) to fear 2. ‘Public place’ includes any
recklessness as to that force
for their own personal 2. Intent to cause that person highway or any other premises o
Elements consequence 3. The breaking of the 2. intention of bringing
Do not need to safety to believe that immediate place to which, at the material
‘whole’ skin or the about serious harm or to
intend/foresee the ABH unlawful violence will be used time, the public have or are
continuity of the skin. resist/prevent arrest.
2. For battery need against him or to provoke the permitted to have access to,
3. Intended to use or
unlawful application of immediate use of unlawful whether on payment or
[The prosecution must threaten unlawful
force GBH: violence. otherwise, this includes a vehicle
prove that D assaulted violence; or have been
2. Serious or really serious
Victim causing her actual aware that their conduct
harm (can be indirect
bodily harm (s. 47 Offences may be violent or may 3. Intention to use it to cause
infliction)
against the Person Act threaten unlawful injury (unless it is an offensive
1861)] violence. weapon per se)
• Force was lawful
• Lawful authority
• Reasonable self-
• Reasonable self- • Reasonable self-
defence
defence, of another defence • Reasonable self-defence • Reasonable excuse (burden
or of property • Reasonable self-
Defences on accused)
• Consent (limited) defence
• Lawful sport • Not unlawful
• Prevention of crime • Or no intention (if innocent
• Lawful sport
article)
• Lawful arrest
P.225 P.221 P.217 P.213 P.206 P.340 P.232
Sentencing
Summary Either way Either way Indictment Either way Summary Either way
Offence Assault / Battery ABH GBH GBH with intent Affray
violence weapon
S.39 Criminal Justice Act S.47 Offences Against the S.20 Offences Against the S.18 Offences Against the
Statute S.3 Public Order Act 1986 S.4 Public Order Act 1986 S.1 Prevention of Crime Act 1953
1988 Person Act 1861 Person Act 1861 Person Act 1861
1. Actual bodily harm was 1. Used or threatened 1. ‘Offensive weapon’ is any
a consequence, directly or unlawful violence towards article made or adapted for use
indirectly, of the 1. Intention or reckless as
another (not words alone) for causing injury to the person,
defendant’s actions (incl. to causing some bodily
or intended by the person having
psychiatric shock) harm
1. Either an intention to 1. Uses towards another it with him for such use by him o
2. Conduct is such as
cause apprehension of threatening, abusive or by some other person
would cause a person of
immediate unlawful 2. Mens Rea of Wounding: insulting words or behaviour
1. S.20 Actus Reus reasonable firmness (had
violence; or subjective assault/battery 2. Unlawful application of
they been present) to fear 2. ‘Public place’ includes any
recklessness as to that force
for their own personal 2. Intent to cause that person highway or any other premises o
Elements consequence 3. The breaking of the 2. intention of bringing
Do not need to safety to believe that immediate place to which, at the material
‘whole’ skin or the about serious harm or to
intend/foresee the ABH unlawful violence will be used time, the public have or are
continuity of the skin. resist/prevent arrest.
2. For battery need against him or to provoke the permitted to have access to,
3. Intended to use or
unlawful application of immediate use of unlawful whether on payment or
[The prosecution must threaten unlawful
force GBH: violence. otherwise, this includes a vehicle
prove that D assaulted violence; or have been
2. Serious or really serious
Victim causing her actual aware that their conduct
harm (can be indirect
bodily harm (s. 47 Offences may be violent or may 3. Intention to use it to cause
infliction)
against the Person Act threaten unlawful injury (unless it is an offensive
1861)] violence. weapon per se)
• Force was lawful
• Lawful authority
• Reasonable self-
• Reasonable self- • Reasonable self-
defence
defence, of another defence • Reasonable self-defence • Reasonable excuse (burden
or of property • Reasonable self-
Defences on accused)
• Consent (limited) defence
• Lawful sport • Not unlawful
• Prevention of crime • Or no intention (if innocent
• Lawful sport
article)
• Lawful arrest
P.225 P.221 P.217 P.213 P.206 P.340 P.232
Sentencing
Summary Either way Either way Indictment Either way Summary Either way
