Penalty Info

Home / United Kingdom (England & Wales) / Assault (simple)

Assault (simple)Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Common assault / battery (s.39) — summary onlyPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 6 months
Fine
Unlimited fine (level 5 on the standard scale)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Summary only; 6-month cap stated in the section itself.

Common assault / battery on an emergency worker — summary onlyPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 12 months
Fine
Unlimited fine

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Assaults on Emergency Workers (Offences) Act 2018 s.1, cross-referred to by CJA 1988 s.39(2). Figure per the 2018 Act, not directly re-read in this pass.

ABH (s.47) — summaryPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 12 months (general limit in a magistrates' court)
Fine
Unlimited fine (statutory maximum)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Either-way.

ABH (s.47) — on indictmentPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 5 years
Fine
Unlimited fine

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Note on this entry

ABH is the 'simple assault with injury' offence in E&W. The 5-year ABH maximum is corroborated by CPS / Sentencing Council / Law Commission summaries; see verificationNote.

Source

Statute
Criminal Justice Act 1988 s.39 (common assault and battery); Offences Against the Person Act 1861 s.47 (ABH)
Official source
legislation.gov.uk
Verification status
Common assault penalty read directly from legislation.gov.uk (CJA 1988 s.39). The ABH 5-year indictment maximum is corroborated by CPS / Sentencing Council / Law Commission summaries; the OAPA 1861 s.47 text on legislation.gov.uk no longer displays the penalty figure (amendment footnotes), so the ABH figure is not marked as directly verified.
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, intent, plea, discretion, aggravating/mitigating factors, racial/religious aggravation (separate offence, Crime and Disorder Act 1998). If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.