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Common Assault and ‘Assault by Beating’
Section 39 Criminal Justice Act 1988
Maximum Sentence
6 months’ imprisonment (Common Assault and Assault by Beating)
2 years’ imprisonment (Assault on Emergency Worker or Racially/Religiously Aggravated Assault)
Court Information
Magistrates’ Court (Common Assault and Assault by Beating)
Magistrates’ or Crown Court (Assault on Emergency Worker or Racially/Religiously Aggravated Assault)
What is Common Assault and ‘Assault by Beating’?
Common Assault: Occurs when a person intentionally or recklessly causes another to apprehend immediate unlawful violence.
Assault by Beating: Occurs when there has been the application of unlawful force, regardless of how slight the force may be.
This offence often involves altercations between fans, such as one fan assaulting a supporter of the opposing team or a steward.
Court and Sentencing Information
Common Assault and Assault by Beating:
Heard in the Magistrates’ Court.
Maximum penalty: 6 months’ imprisonment.
Assault on an Emergency Worker (Section 1 Assaults on Emergency Workers (Offences) Act 2018):
Heard in the Magistrates’ Court or Crown Court.
Maximum penalty: 2 years’ imprisonment.
Racially or Religiously Aggravated Assault (Section 29 Crime and Disorder Act 1998):
Heard in the Magistrates’ Court or Crown Court.
Maximum penalty: 2 years’ imprisonment.
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