What is Common Assault in English Law?
Key Takeaways
- Voluntary interviews are governed by section 29 of PACE
- You are free to leave at any time as you are not under arrest
- You have the right to free legal advice even for voluntary interviews
- Anything you say can still be used as evidence against you
Common Assault in English Law is "using or threatening unlawful violence"
It can be sometimes made up of two separate and distinct offences.
An Assault - where the defendant intentionally or recklessly causes another to apprehend
immediate and unlawful violence
and
A Battery - where the defendant intentionally or recklessly inflicts unlawful force.
Common Assault is an offence that is triable only summarily. This means it can only be tried in the Magistrates Court. The Maximum sentence for Common Assault is six months imprisonment (although the racially or religiously aggravated form of the offence caries more).
The only real defence to Common Assault in English Law is self defence though you can consent to common assault i.e. in the course of sport. The Sentencing Council produces sentencing guidelines for Common Assault which you can find here.
The Courts always take domestic assaults very seriously as do the Crown Prosecution Service. The Crown Prosecutions Service approach to Domestic Violence is here
This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation.
Robert can be contacted via https://www.policestationagent.com/
Understanding Your Legal Rights
Under the Police and Criminal Evidence Act 1984 (PACE), you have important rights when dealing with the police. These rights are designed to ensure fairness and protect individuals during police investigations. Understanding these rights is crucial for protecting your interests.
Seeking Legal Advice
If you require legal advice or representation at a police station, you are entitled to free legal advice under section 58 of PACE. An accredited duty solicitor can provide expert guidance throughout the process, whether you have been arrested or invited for a voluntary interview.
Understanding Voluntary Interviews
A voluntary interview, governed by section 29 of PACE, is where the police invite you to attend the police station for questioning without arresting you. You are not under arrest and are free to leave at any time under Code C, paragraph 3.21. However, anything you say can still be used as evidence against you.
Your Rights in a Voluntary Interview
Even though you are not under arrest, you have the same right to free legal advice under section 58 of PACE. You can have a solicitor present during the interview, and you have the right to remain silent. The police must caution you before questioning, informing you that you do not have to say anything but that it may harm your defence if you do not mention something you later rely on in court.
Should You Attend?
Before attending a voluntary interview, you should consult a solicitor. If you fail to attend without good reason, the police may arrest you under section 24 of PACE. Your solicitor can negotiate the timing and obtain disclosure before you attend, ensuring you are properly prepared.
What Happens After the Interview?
After a voluntary interview, the police may release you under investigation (RUI), meaning the investigation continues without bail conditions. Alternatively, they may take no further action, charge you with an offence, or require you to return for further questioning.
Further Information
For more information about police station representation and your legal rights, visit our Duty Solicitor Services page. If you have been invited for a voluntary interview, see our guide on Voluntary Interview Advice. For local services, check our Kent Police Stations guide.
Frequently Asked Questions
Can I refuse to attend a voluntary interview?
Yes, you can refuse. However, the police may then arrest you under section 24 of PACE if they have reasonable grounds to suspect you of an offence. It is usually better to attend with legal representation.
Do I have to answer questions in a voluntary interview?
No. You have the right to remain silent. However, under section 34 of the Criminal Justice and Public Order Act 1994, adverse inferences may be drawn if you fail to mention facts you later rely on in court.
Is a voluntary interview recorded?
Yes. Under Code E, paragraph 3.1, all interviews about indictable offences must be audio-recorded. This protects both you and the police by providing an accurate record.
Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your situation, contact a qualified solicitor. Legal Aid is available for police station representation regardless of your financial circumstances.
References
- Police and Criminal Evidence Act 1984, section 29
- Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, Code C, paragraph 3.21
- Police and Criminal Evidence Act 1984, section 58
- Criminal Justice and Public Order Act 1994, section 34
- Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, Code E, paragraph 3.1