Not necessarily. Our experienced criminal defence lawyers can negotiate with the police that you should be allowed to attend the police station as a volunteer. This means you will be interviewed under caution but will not have to go into custody and will not have fingerprints, DNA, or photographs taken. You are free to leave the police station and will not be subject to pre-charge bail conditions.

Common assault or assault by beating

Common assault is the least serious of assaults. The offence carries a maximum six-month penalty and can only be tried in the magistrates’ court. Common assault is committed by making a threat of immediate unlawful violence – no physical contact is required to amount to an offence. If unlawful contact is made this would be classed as assault by beating.

Assault by beating requires an intention or reckless use of physical force, however slight. Spitting can amount to an assault. An individual may use such force as is reasonable to:

• Defend themselves
• Defend another
• Defend property
• Prevent crime or
• Effect a lawful arrest

Actual bodily harm (ABH)

This offence is committed when an individual intentionally or recklessly assaults another causing actual bodily harm. The harm does not have to be permanent but must be more than transient and trifling. The same above defences apply.

Psychological harm that involves more than mere emotions such as fear, distress or panic can amount to ABH but if the harm does not amount to a recognised psychiatric illness it is unlikely the offence of ABH has been committed. Harm does not require a physical injury. The maximum sentence is five years imprisonment.

Grievous bodily harm (GBH)

Grievous bodily harm is defined as ‘really serious’ harm. The differences between unlawful wounding/ inflicting GBH (s20 OAPA) and wounding/causing GBH with intent s18 (OAPA) are defined by what was alleged to be in the mind of the person committing the offence.

S20 requires that the individual either intended or actually foresaw, the act causing some harm or wounding. They do not need to foresee harm to the gravity of s20 (really serious harm or wounding that broke the skin), just some harm. The maximum sentence is five years imprisonment.

S18 requires the individual to intend to cause really serious harm. The maximum sentence is life imprisonment. The above defences apply.

Cases involving the deliberate transmission of sexually transmitted diseases can amount to an s18 offence. Such prosecutions are complex. Expert evidence and representation are required.

S47 and s20 can be charged as racially or religiously aggravated and the sentencing powers are greater (seven years) maximum.

The Assaults on Emergency Workers (Offences Act) 2018 supercedes previous legislation relating to allegations of assault on police and security officers. Such assaults should now be prosecuted as offences contrary to section 1 of the 2018 Act and 39(2) Criminal Justice Act 1988.

Emergency workers are defined in s3(1) of the Act and include police and prison officers, rescue workers, and NHS staff. The worker needs to be acting in the exercise of their function at the time of the allegation. This is a new law and aggravating factors may apply if sentenced so expert advice should be sought.

If it is a first-time offence, the injuries are not really serious, you have no previous convictions, have community ties and an address, you should have good prospects of bail. However, this may be subject to conditions such as not to contact the complainant or prosecution witnesses, a geographical restriction, a condition of residence and possibly a surety.

If you are sent straight to court from the police station we are able to liaise with family members in order to prepare a comprehensive bail package and make submissions in court to have you released on bail.