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Uk Sentencing Law - Common Assault Against Minors
6 Answers
In UK law, can adults get more than 6 months in prison for common assault/threatening violence against minors and if it was one incident against a group, is his maximum sentence still 6 months for one incident or 6 months "per victim"?
I ask as a dangerous convict I am getting threats from, was seen threatening kids by a witness, before chasing and threatening to batter me, but Devon's "finest coppers" couldn't be bothered to walk a measly few yards to question the witness who saw it all!
I ask as a dangerous convict I am getting threats from, was seen threatening kids by a witness, before chasing and threatening to batter me, but Devon's "finest coppers" couldn't be bothered to walk a measly few yards to question the witness who saw it all!
Answers
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Unless it's racially motivated, the maximum penalty for common assault is one of 26 weeks imprisonment
02:38 Sun 30th Aug 2020
Unless it's racially motivated, the maximum penalty for common assault is one of 26 weeks imprisonment. See pages 189 to 192 here:
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The maximum penalty for threatening behaviour is the same. (See page 75 of that document).
Assaulting a group of people would result in separate charges, possibly leading to a cumulative punishment. Threatening a group of people simultaneously though would only be a single incident of 'threatening behaviour', and so could only lead to a single charge.
Harassment that puts people in fear of violence though (which would need to involve more than a single threat on one occasion) can lead to a prison sentence of up to 5 years (or of up to 7 years if it's racially motivated). See pages 63 and 64.
Threats to kill can result in a prison sentence of up to 10 years. (See page 96).
https:/
The maximum penalty for threatening behaviour is the same. (See page 75 of that document).
Assaulting a group of people would result in separate charges, possibly leading to a cumulative punishment. Threatening a group of people simultaneously though would only be a single incident of 'threatening behaviour', and so could only lead to a single charge.
Harassment that puts people in fear of violence though (which would need to involve more than a single threat on one occasion) can lead to a prison sentence of up to 5 years (or of up to 7 years if it's racially motivated). See pages 63 and 64.
Threats to kill can result in a prison sentence of up to 10 years. (See page 96).
Somebody sentenced in the Magistrates' Court for common assault on (say) 10 people in individual incidents might receive ten sentences of six months for each offence. However they would have to order that the sentences be served concurrently, making the maximum term of imprisonment six months in total. The Magistrates cannot order imprisonment for more than six months in total for any number of offences unless they are sentencing for two or more "Either Way" offences, when their limit is twelve months. There are a few exceptions to this, mainly involving the activation of suspended sentences and sentencing somebody who is already in prison but they are a bit too involved to go into here (and are probably irrelevant to the question anyway).
As an aside the maximum most prisoners would normally serve in custody when sentenced to six months would be six weeks. They would be released under "Home Detention Curfew" after serving one quarter of their sentence.
As an aside the maximum most prisoners would normally serve in custody when sentenced to six months would be six weeks. They would be released under "Home Detention Curfew" after serving one quarter of their sentence.
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