The Law of Battery
Battery is a summary offence. Assault and battery have no statutory definition. The definition and all elements of the offence of battery are set out in case law. The punishment for battery(maximum 6 months imprisonment) is set out in statute under s.39 Criminal Justice Act 1988.
The definition of battery
R v Gladstone Williams (1984) 78 Cr App R 276 Case summary Youtube clip
The Lord Chief Justice, Lord Lane defined the offence of battery as:
“an act by which the defendant, intentionally or recklessly, applies unlawful force to the complainant.”
Actus reus of battery
The application of
Unlawful
Physical force
Application
The application of force need not be direct.
DPP v K (a minor)[1990] 1 WLR 1067 Case summary
Fagan v MPC [1969] 1Q.B. 439 Case summary
Unlawful
If the defendant has a lawful excuse to use force the actions will not amount to a battery. This includes:
Reasonable punishment of a child S.58 Children Act 2004
Where the defendant acts in self- defence or prevention of a crime
Where the victim consents
Consent may be express or implied. For examples of implied consent see Goff LJ's comments in the following case:
Collins v Wilcock [1984] 3 All ER 374 Case summary
There is implied consent with regards to tapping a person's shoulder to gain attention:
Donnelly v Jackman [1970] 1 All E.R. 987 Case summary
Touching in order to make a drunk person safe might be consensual. Contrast the following cases:
Marland v DPP [2023] EWHC 1046
McMillan v Crown Prosecution Service [2008] EWHC 1457
Physical force
Physical force is perhaps a misleading phrase in that it suggests a high level of force however, any touching will suffice:
Faulkner v Talbot [1981] 3 All ER 468
Lord Lane CJ defined unlawful physical force as
"any intentional [or reckless] touching of another person without the consent of that person and without lawful excuse. It need not necessarily be hostile, rude, or aggressive.”
The touching of clothing whilst being worn is sufficient:
R v Thomas (1985) 81 Cr App R 331
Mens rea of battery
Intention to apply unlawful physical force or,
Being reckless as to whether such force is applied (Subjective reckless applies R v Parmenter [1991] 94 Cr App R 193 Case summary)