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Common assault is a summary offence. Assault and battery have no statutory definition. The definition and all elements of the offence of assault are set out in case law. The punishment for assault (maximum 6 months imprisonment) is set out in statute under s.39 Criminal Justice Act 1988.
This chapter examines offenses against the person in the context of criminal law. It begins with an overview of the offense of assault and closely related offenses before turning to offenses which are more directly concerned with personal liberty than bodily integrity.
The definition of the rule of law articulated by the United Nations, for instance, incorporates both human rights and democracy as necessary elements of the rule of law.
Rule of law expresses the authority of legal rules over government actions and the behavior of individuals. Hence, it is the antithesis of tyrannical rule that both government and...
The rule of law is a defining feature of constitutional democracies and a fundamental principle underpinning the British constitution. It prevents the abuse of state power, requires the law to be followed by all, and ensures that legal rights are fulfilled in practice.
Why does the rule of law matter? The rule of law prevents the abuse of state power, requires the law to be followed by all, and ensures that legal rights are fulfilled in practice. It also provides the means for various other core aspects of democracy to be safeguarded – for example, making certain that the laws made by parliament are
defines assault as ' an offer or attempt to apply force or violence. to the person of another in an angry or hostile manner. If no actual violence is used there must, to constitute an assault, be some threatening act sufficient to raise in the mind of. person threatened a fear of immediate violence. . .'.
