What does section 39 assault mean?

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 sentence for section 39 assault?

6 months imprisonment
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.

How long do you go to jail for section 39?

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 usual sentence for common assault?

Common assault carries a maximum penalty of six months in prison and/or a fine or community order. A prison sentence is generally reserved for cases where serious injury was caused, and higher culpability is present.

How serious is common assault?

Common assault is the least serious of the assault charges. It is governed by s39 of the Criminal Justice Act 1988. Whether you will go to prison for a common assault first offence depends on a number of factors. All offences before the courts have sentencing guidelines.

What happens if you get charged with common assault?

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 happens if you are charged with common assault UK?

Common assault: the maximum sentence is six months’ custody. if the assault is against an emergency worker, the maximum sentence is one year’s custody. if the assault is racially or religiously aggravated, the maximum sentence is two years’ custody.

How often do first time offenders go to jail UK?

Graph 1 below undermines the notion that a large number of people are sent to prison early in their criminal career. In fact, fewer than 8% of prison sentences were imposed on first-time offenders.

What happens to your phone when you go to jail UK?

Most prisons will allow them one phone call on arrival, in which case you might hear from them within the first couple of days, but this depends on whether they can remember your phone number, as their mobile phone will have been taken away. Even if you do get a call, your phone number is not yet officially approved.