Battery Evaluations

• Organisation

  • location of punishment and offence
  • offence - common law (Fagan v Met Police Commissioner)
  • punishment - s.39 CJA 1988
  • illogical to have in separate places
  • questionable why it isn't included in OAPA 1861 so all non-fatals were in one Act of Parliament
• Public Awareness

  • 'force' is deceptive, need not be high, slightest of touching (Thomas/Collins v Wilcock)
  • public will identify injuries amounting to GBH
  • associate 'battery' with being 'battered'
  • problematic - should understand the law correctly
  • number of v's who do not report the crime, 'not serious enough', CPS unlikely to prosecute, not in public interest
• Lack of Definitions

  • no Act of Parliament, common law offence (Fagan)
  • can be by touching v's clothes (Thomas), prevent d's slipping through the net, beneficial
  • indirect force - wide
  • can be by an omission
  • Judges should apply law, Parliament create law
  • breach of separation of powers
• Sentencing

  • illogical
  • maximum of 6 months is excessive for e.g. pushing someone
  • same as assault but is more serious
  • summary offence in Magistrates Court
  • Magistrates - geographical variations, improvement with sentencing guidelines, less disparity