Hi,does anyone know what sentence can a person get when they've been charged with assault (section47)?

Question

I need to know this by UK law structure.It is all just about one single blow causing black eye and unfortunate cut (1cm) just under the eye line on the cheekbone,no serious fight or more injuries involved, no damage to healt or psychologigal scarring.Thanx

Answer 1

5 years is a long time for a cut,

The link below takes you to the CPS pages

Answer 2

If you are charged under s.47 - that is assault occasioning actual bodily harm whcih carries a max sentence of 2 yrs on indictment in custody in the Crown Court or 6 months in the Magistrates Court. Your case sounds more like common assault and depending on the Defendant, may or may not cross the custody threshold. More likely to be a community order with unpaid work (painting old ladies fences and the like) and supervision by Probation. If it is common assault you will be charged with assault by beating contrary to s.39 - that can only be tried in the Magistrates' Court and the first sentence the Court will look at is a Community sentence.

As to whether it should be common assault is likely to be relevant only if arguing whether CPS should accept a plea to common assault rather than ABH. ABH merely means that the injury is more than trifling and can in theory amount to a bruise. In practice prosecutors should seek to use common assault in more minor cases as that is what it is there for.

Answer 3

Common assault is a common law offence.However by section 42 (and section 47) of the Offences Against the Persons Act (OAPA) a person committing any common assault or battery may be imprisoned or compelled to pay fines and costs.Section 42 therefore implies that there are offences committed either when someone is put in fear of unlawful violence (assault) or when there is an unlawful application of force to the person of another (battery).

In reality, common assault is only used in situations where a blow or another application of force is struck, but when no actual injury results.

Answer 4

Up to 5 years.

Answer 5

I suppose it depends on how good an argument the solicitor

puts up in court and if your friend shows remorse regarding

the assault, he will probably be fined or given community service.

Answer 6

can vary from community service to upto 5 years depending on different factors.

speak to citizens advise they shoudl advise you better,

Answer 7

depends on what type of assault,the state and county,the judge,the attourney,your criminal record,and how much you are willing to spend.I really need more info......