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The definition and all elements of the offence of assault are set out in case law. 1 decade ago. Both charges can lead to incarceration of the accused if he or she is found guilty; therefore, it is advisable to seek legal advice from an experienced criminal solicitor upon arrest. How can one be found guilty of this crime? How can one be found guilty of this crime? Common Assault is a common law offence and is not set out under any statue but charged under s.39 Criminal Justice Act 1988. Start studying Assault s39 The Criminal Justice Act 1988. Common Assault is a common law offence and is not set out under any statue but charged under s.39 Criminal Justice Act 1988. Racially or religiously aggravated common assault is a specified offence within the meaning of Chapter 5 of the Criminal Justice Act 2003. As outlined under the Criminal Justice Act 1988, common assault, ABH (actual bodily harm) and GBH (grievous bodily harm) are criminal offences, and offenders are liable for fines and imprisonment. There are changes that may be brought into force at a future date. In legal terms, crimes will often involve an element of both assault and battery and the two are charged together as a common assault. Relevance. The Criminal Justice Act 1988 (c 33) is an Act of the Parliament of the United Kingdom Title. Common Assault, contrary to section 39 Criminal Justice Act 1988. Answer Save. It is used to refer to the individual offences of both assault and battery. An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of … A common assault is an assault that lacks any of the aggravating features which Parliament has … Section 39 of the Criminal Justice Act 1988 covers assault and battery offences. Start studying Assault s 39 criminal justice act 1988. DefinitionSection 141 of the Criminal Justice Act 1988 already lists a number of weapons that are prohibited within the terms of this act. S47ABH has always been regarded as a serious offence, warranting a prison sentence of up to five years. In legal terms, crimes will often involve an element of both assault and battery and the two are charged together as a common assault. Common assault, actual bodily harm (ABH) and grievous bodily harm (GBH) are criminal offences under the Criminal Justice Act 1988 (‘CJA’) and the Offences Against the Person Act 1861. However, where section 40 applies, it can be an additional charge on an indictment. It is used to refer to the individual offences of both assault and battery.