Confusingly, the terms "assault" and "common assault" often encompass the separate offence of battery, even in statutory settings such as s 40(3)(a) of the Criminal Justice Act 1988.
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In English law, s58 Children Act 2004, limits the availability of the lawful correction defense to common assault under s39 Criminal Justice Act 1988.
The second form of assault referred to is the offence described as common assault in section 39 of the Criminal Justice Act 1988, which is also known as psychic assault or simply assault.
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The words from "and" to the end, omitted in the third place, were repealed for England and Wales by section 170(2) of, and Schedule 16 to, the Criminal Justice Act 1988 (subject to section 123(6) of, and paragraph 16 of Schedule 8 to, that Act).
It brings together previous legislation, such as the Drug Trafficking Act 1994 and Part VI of the Criminal Justice Act 1988, with the changes recommended in a comprehensive report of a study conducted by the Performance and Innovation Unit of the Cabinet Office in 2000.
Sale, lending, hiring, giving or importing is prohibited by the Criminal Justice Act 1988, as amended by the Offensive Weapons Act 1996.
In DPP v. Taylor, DPP v. Little 1992 1 QB 645, 95 Cr App R 28, it was held that common assault is a statutory offence, contrary to section 39 of the Criminal Justice Act 1988.
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In England and Wales, the penalty and mode of trial for this offence is now provided section 39 of the Criminal Justice Act 1988, and it has been held that the offence should be alleged as contrary to the statute because of this.
The prosecution has historically had the right to appeal decisions in the Magistrates' Courts on grounds of error of law or unreasonableness, and the right under the Criminal Justice Act 1988 to appeal an "unduly lenient sentence".
Previously, the Criminal Justice Act 1988 carved out exceptions to the hearsay rule for unavailable witnesses and business documents.
The Criminal Justice Act 1988 prohibits torture carried out by public officials in the performance of their duties and evidence obtained by torture is excluded by the common law.
In relation to England and Wales, the expression "offence triable either way" means an offence, other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988, which, if committed by an adult, is triable either on indictment or summarily; and the term "triable either way", in its application to offences, is to be construed accordingly.
A statement made on oath by a witness outside the United Kingdom and given in evidence through a live television link by virtue of section 32 of the Criminal Justice Act 1988 must be treated for the purposes of section 1 as having been made in the proceedings in which it is given in evidence.
The Criminal Justice Act 1988 was to introduce a statutory scheme for criminal injuries compensation with several sections coming into law (by statutory instrument) on a date of the Home Secretary's choosing.
For all these, Wang was indicted on two counts, of having an article with a blade or point in a public place, contrary to Section 139(1) of the Criminal Justice Act 1988 (c. 33).
The Criminal Justice Act 1988 section 77, prevents a person dealing with assets which are liable to be confiscated as the proceeds of crime.
Section 45 also inserted section 1A of the 1978 Act, and section 160A of the Criminal Justice Act 1988, which create defences which apply where the photograph showed the child alone or with the defendant (but not if it showed any other person), the defendant proves that the photograph was of the child aged 16 or over and that he and the child were married or lived together as partners in an enduring family relationship, and certain other conditions are met.
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