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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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Is "battery" something used in the UK or is that more of a

Customer Question

Is "battery" something used in the UK or is that more of a US term.In my case, there was a lot of push and shoving and threats to punch (so assault as he didn't hit me) but at one point he pushed me into a wall which hit my head extremely hard. I would have thought that then crosses then line from assault to assault and battery along with, for a brief moment, holding his hand around my neck.The police are only charging him on assault. Is this correct procedure in this sense of assault and battery are classed into one generic "common assault" charge or should he be getting charged for assault and battery.
Submitted: 9 months ago.
Category: Law
Expert:  Alice H replied 9 months ago.
My name is ***** ***** I am happy to help you today. I assume the police have charged him with common assault under section 39 Criminal Justice Act 1988 which includes assault by way of verbal threats, for example, thus putting a person in fear AND assault by beating, which is the physical application of force. It's rare to use the word 'battery' in a criminal charge but assault in the manner you've described also includes battery.
Customer: replied 9 months ago.
You were 100% correct on the charge he got.
Expert:  Alice H replied 9 months ago.
Common assault is the correct charge.

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