Battery v Assault

Dylan123

Prob a simple question. What is the difference between Battery & Assault?
Is the main difference one is civil and the other is criminal procedure. Or can battery be criminal?

MrPudding

Dylan123 wrote: »

Prob a simple question. What is the difference between Battery & Assault?
Is the main difference one is civil and the other is criminal procedure. Or can battery be criminal?

Battery is the physical contact and assault is giving someone the apprehension that you are about to apply unlawful force (battery or worse) to them, in the UK at least.

MrP

Dylan123

Thanks.

What i am trying to understand is:
A punches b in the face and a ends up in court. Why is he charged and up for assault & not battery?????? or are u charged with both? ... i dont think so



Assault is the fear of it, and battery is the actual impact?
Seems like a contradiction (or my lack of understanding obviously) in theory its simple but as far as i can understand the theory doesn't represent practice or does it?

MagicSean

Under the Non-Fatal Ofences Against the Persons Act the offence of assault covers the battery too.

MrPudding

k_mac wrote: »

Under the Non-Fatal Ofences Against the Persons Act the offence of assault covers the battery too.

Ah, cool. I am not sure what the differernces are between Irish and UK. I need to look further in the UK side as well, I have not covered it yet, but there is also a charge of common assault, which I suspect may also roll the two into one.

MrP

Rhamiel

From my understanding battery was an old common law offence that has all but been replaced in Irish criminal law by section 2 , 3 , 4 assaults of the 'non fatal offences against the person act'. It is still a tort in civil law.

Jo King

Non-Fatal Offences Against the Person Act, 1997


28.—(1) The following common law offences are hereby abolished—

( a ) assault and battery,
( b ) assault occasioning actual bodily harm,
( c ) kidnapping, and
( d ) false imprisonment.