Page 43 - Door Supervision Training Booklet

ASSAULT
Anyone involved in security duties, and in particular anyone who may have to use a degree of force during the course of their work, must have a basic working knowledge of the laws and powers with regards to the varying degrees of assault. This basic understanding is essential for door supervisors, so that they can ensure that they use only a reasonable amount of force when necessary, and can act appropriately when witnessing or having to deal with an allegation of assault.
You will, of course, have heard of the term assault and battery. An assault is defined as any act where a person intentionally or recklessly causes another person to apprehend (fear) immediate and unlawful violence. The definition of battery is where a person intentionally or recklessly applies unlawful force to another person. If force is actually applied unlawfully or without the consent of the person being assaulted, then the assault becomes a battery.
There are various different charges that can be brought against someone who assaults another, depending on the seriousness of the injuries inflicted.
Common Assault.
(Sec. 39 Criminal Justice Act 1988)
A common assault is the least serious type of assault, where either no actual injuries are caused, or when the injuries are of only a very minor nature. A push to the body or a slap around the face would come under this category, even though no actual injuries are sustained. The minor injuries covered by this offence include grazes, scratches, minor bruises, swelling, reddening, black eyes and minor superficial cuts. Even making a threat to assault someone can come under this category.
The offence of common assault is not an indictable offence, but is actionable through either the Magistrates Court by way of the injured party applying for a summons at court, or through the civil courts. The maximum penalty for anyone found guilty of committing such an assault is up to a £5,000 fine or up to 6 months imprisonment.
Door staff have no powers of arrest if they witness a common assault, but can obviously eject the offending customer from the premises. The police can also be called to give the appropriate advice to the victim if required. An arrest for "breach of the peace" may be considered, however, if it is necessary to prevent a more serious assault being committed.
Actual Bodily Harm
(Sec.47 Offences Against the Person Act 1861)
If the injury sustained as the result of an assault is of a more serious nature, then a charge of assault occasioning actual bodily harm may be more suitable. This offence covers injuries such as broken or lost teeth, temporary loss of a sensory function such as consciousness, extensive or multiple bruising, minor cuts or minor fractures.
Anyone found guilty of committing a Sec.47 assault can be sentenced with up to a £5,000 fine or 6 month in prison at Magistrates Court, or up to 5 years in prison at a Crown Court.
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