Mode of Trial and Sentence
In England and Wales, it is a summary offence. However, where section 40 of the Criminal Justice Act 1988 applies, it can be an additional charge on an indictment. It is usually tried summarily.
However it is tried, it is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
See Crown Prosecution Service Sentencing Manual for case law on sentencing. Relevant cases are:
- R v Nottingham Crown Court ex parte Director of Public Prosecutions 1 Cr App R (S) 283
- R v Dunn 2 Cr App R (S) 90
Read more about this topic: Common Assault
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