dftlp
( User )
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 Re:section (Posted on: 2009-09-20 17:44:51)
Offences against the person - Common Assault - Criminal Justice Act 1988 section 39. This is a Summary only offence and would normally be heard in a Magistrates court unless it is added to an indictment containing other, more serious, offences. On it’s own it would carry a Maximum Penalty of 6 months imprisonment. Compensation may also be ordered. The sentencing court should consider consequences to the victim, including injuries as aggravating or mitigating features. The CPS guidelines include this list of factors that can aggravate the offence and therefore lengthen the likely sentence towards the 6 month maximum. They are: Use of a weapon or kicking etc, Nature and number of blows, Significant or minor injuries, More than one offender or victim, Whether unprovoked violence, excessive self-defence etc, Victim vulnerable or serving the public, Volatile location such as night club.
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