The Joint Charging Standards provide guidelines for differentiating between non-fatal offences against the person based on the level of harm caused. They define the types of injuries that would constitute common assault and battery, assault occasioning actual bodily harm, malicious wounding or grievous bodily harm, and causing grievous bodily harm with intent. Factors like the use of weapons, biting, kicking a victim on the ground, and strangulation may also be considered aggravating factors. The standards aim to both ameliorate issues with current legal definitions and promote consistency in charging decisions.
The Joint Charging Standards provide guidelines for differentiating between non-fatal offences against the person based on the level of harm caused. They define the types of injuries that would constitute common assault and battery, assault occasioning actual bodily harm, malicious wounding or grievous bodily harm, and causing grievous bodily harm with intent. Factors like the use of weapons, biting, kicking a victim on the ground, and strangulation may also be considered aggravating factors. The standards aim to both ameliorate issues with current legal definitions and promote consistency in charging decisions.
The Joint Charging Standards provide guidelines for differentiating between non-fatal offences against the person based on the level of harm caused. They define the types of injuries that would constitute common assault and battery, assault occasioning actual bodily harm, malicious wounding or grievous bodily harm, and causing grievous bodily harm with intent. Factors like the use of weapons, biting, kicking a victim on the ground, and strangulation may also be considered aggravating factors. The standards aim to both ameliorate issues with current legal definitions and promote consistency in charging decisions.
The Joint Charging Standards provide guidelines for differentiating between non-fatal offences against the person based on the level of harm caused. They define the types of injuries that would constitute common assault and battery, assault occasioning actual bodily harm, malicious wounding or grievous bodily harm, and causing grievous bodily harm with intent. Factors like the use of weapons, biting, kicking a victim on the ground, and strangulation may also be considered aggravating factors. The standards aim to both ameliorate issues with current legal definitions and promote consistency in charging decisions.
These can be found on http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/ and were updated in
October 2009. The purpose of them is to illustrate the levels of harm and differentiating factors between the different non-fatal offences.
In part they ameliorate the problems of the current definitions, but they also aim to provide consistency.
OFFENCE INJURIES AGGRAVATION
Common Assault and Battery No more than: Weapon
Biting Charged under s.39 Criminal Justice Act Graze Gouging 1988 Scratch Kicking V whilst on the ground Abrasion Strangulation (iif it more than Minor bruising fleeting, or causes V to Black eye apprehend a real fear of Swelling immediate violence) Reddening of skin Superficial cuts Undisplaced broken nose
Assault occasioning Actual Bodily Loss/ broken tooth
Harm Temporary loss of sensory function s.47 Offences Against the Person Act 1861 Extensive/multiple bruising Displaced/ broken nose Minor fractures Cuts requiring stitched Psychiatric injury beyond fear/panic, supported by medical evidence.
Malicious wounding or Inflicting Permanent disability
Grievous Bodily Harm Loss of sensory function More than minor permanent s.20 Offences Against the Person Act 1861 visible disfigurement Broken or displaced limbs or bones Fractured skull Injuries requiring substantial loss of blood Injury resulting in lengthy treatment or incapacitation.
Repeated or planned attack
Causing Grievous Bodily Harm with Deliberate selection of an Intent. article for attack Adaption of an article for attack s. 18 Offences Against the Person Act 1861 Prior threats Using a weapon on, or kicking, V’s head