Voluntary police interview for assault
You might think an assault requires physical contact, however, that’s not true. You can actually assault someone just by words alone.
An assault can be committed by any behaviour that causes another person to apprehend imminent unlawful violence.
In order to have committed an assault you must have
- caused another person to apprehend or believe they are about to suffer imminent unlawful violence (the term ‘imminent unlawful violence’ includes any contact which the other person doesn’t consent to).
- Intend or forsee the possibility that your actions will cause the other person to apprehend immediate unlawful violence.
What about if physical contact is made?
In legal terms this is called ‘battery.’
If you inflict or use unlawful force on another person, intentionally or recklessly, that would be an offence. Unlawful force would include any contact with another person without a lawful reason. Even if you touch a person and they are unaware of it, for example they are asleep, that would be considered to be a use of force. Any touching of another person, however slight, may amount to a battery.
To have committed this offence, you have to intend to use force or be aware that your actions may result in unlawful force being used, and your actions must be done voluntarily.
Consent as a defence
If another person consents to physical contact, then this is a defence. However, there are limits to this defence.
Generally speaking, the concept of consent serves as a legal defence against claims of battery. In the realm of ordinary life, most physical interactions are not considered legally actionable because they are implicitly consented to by individuals who actively participate in society and willingly subject themselves to the potential for bodily contact. As such, a person cannot reasonably lodge a complaint regarding the incidental jostling that inevitably occurs in public spaces such as supermarkets, underground stations, or busy streets.
Furthermore, attending social gatherings entails an acceptance of certain physical gestures, such as a friendly hand grasp or a moderate pat on the back, within the bounds of reason. Thus, such actions would not provide grounds for legitimate grievance.
Belief in consent
If you genuinely believed that another person expressly or impliedly consented to the touching, that would be a defence.
The defence of consent is not available in all assault cases.
In cases of ABH or GBH (the more serious types of assaults) consent will not be a defence unless the case falls within an excepted category.
Self-defence
Self defence is a defence to any charge of assault.
You are allowed to use such force as is reasonable in the circumstances as you believed them to be to protect yourself, protect others, protect your property, to prevent crime, and to carry out a lawful arrest.
There are two aspects to this defence: firstly, you must believe there is a need to use force, and secondly, the force you use must be reasonable in the circumstances as you believed them to be.
If more force is used than is reasonable, the defence will not apply. Similarly, the defence will not apply if you did not believe you needed to defend yourself.
To read more about the law on self-defence, click here. This is a link to the Crown Court Compendium which provides judges with guidance on legal directions to give juries in Crown Court trials. Open Crown Court Compendium Part 1 June 23 to access the relevant section on self-defence.
How much force is allowed?
In the heat of the moment you are not expected to work out exactly how much force to use, however, if you used no more force than you genuinely believed was necessary, that would be strong evidence that the force you used was reasonable.
Similarly, if you only did what you honestly and instinctively thought was necessary, that would be strong evidence that only reasonable action was taken by you.
To be found guilty of assault, the judge, magistrates, or jury (if your trial is in the Crown Court) would have to be sure that you were not acting in self defence. If they are not sure, they will have to find you not guilty.
Contact
Yasar Saleem
Martin Murray & Associates, The Pavilions, Stoke Gardens, Slough SL1 3QD 01753 551313
