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Assault and battery are criminal offences in Northern Ireland. The Police Service of Northern Ireland - PSNI investigates suspected offences and the Public Prosecution Service for Northern Ireland - PPS decides whether to bring charges. The law covers a range of behaviour from threats and minor physical contact to serious violence causing significant injury. Some offences are dealt with in the magistrates court, while more serious matters go to the Crown Court. Criminal proceedings can lead to convictions, custodial sentences, community penalties, fines, and a criminal record that can affect employment, travel and other aspects of life.
There are many situations where legal advice or representation is important:
- You have been arrested or are under police investigation and need advice on your rights, the interview process, bail conditions and possible defences.
- You have been charged with an offence and need representation at court hearings, plea discussions, or trial.
- You are a victim seeking to understand how criminal proceedings will proceed, how to give evidence, or how to obtain protective measures such as a non-molestation or protection order.
- The matter involves complex issues such as self-defence, consent, intoxication, or allegations with conflicting witness accounts.
- There are immigration, employment, or professional-regulation consequences that require specialist advice.
- You need help gathering evidence, preparing witness statements, instructing expert witnesses or negotiating with the PPS or police.
Key features of Northern Ireland law relevant to assault and battery include:
- Legal categories: Common law assault and battery remain recognised. Statutory offences under the Offences Against the Person Act 1861 cover offences such as assault occasioning actual bodily harm and offences involving grievous bodily harm. Other statutes and orders may also apply depending on the circumstances.
- Range of severity: Charges range from common assault, usually for threats or minor physical contact, to more serious offences where injury is caused or intended. More serious charges are tried on indictment in Crown Court.
- Police procedure: The PSNI can arrest, detain, and interview suspects; they can take statements, secure medical evidence and arrest on suspicion where there are reasonable grounds. Evidence is passed to the PPS to decide on charging and prosecution.
- Prosecution decisions: The PPS applies the public interest test and the evidential test before charging. They can offer alternatives to prosecution in appropriate cases.
- Defences: Common defences include self-defence or defence of another, lack of intent, accident, consent in limited contexts, and mental disorder in appropriate cases. The applicability of defences depends on facts and available evidence.
- Protective orders and civil remedies: Victims may seek protection through court orders, such as non-molestation or occupation orders in domestic contexts, or criminal behaviour orders in the criminal justice process.
- Legal rights: Suspects have the right to legal representation, the right to consult a solicitor privately before interview, and protections around detention and treatment. Vulnerable victims and witnesses may have special measures available for giving evidence.
Assault generally refers to an act that causes another person to apprehend immediate unlawful violence - for example a threatening gesture. Battery involves unlawful physical contact with another person. In practice the terms are often used together and the precise charge depends on the facts and the level of injury.
Prioritise your safety. Contact emergency services if you are in immediate danger. Report the incident to the PSNI so it can be investigated. Seek medical attention and ensure injuries are documented. Preserve evidence such as clothing, photographs of injuries, contact details of witnesses, and any CCTV where possible. Consider contacting a solicitor or victim support service for advice.
If arrested you will be taken to a police station for questioning. You have the right to consult with a solicitor privately before and during interview. You may be released on bail, released without charge, or charged and then either bailed or remanded in custody pending court. The PSNI will send evidence to the PPS, who will decide whether to prosecute.
Only the PPS can bring criminal charges. You should report the matter to the PSNI and provide any evidence or witness details. The police will investigate and submit the case to the PPS for a charging decision. As a victim you can provide input to the police and the PPS about the impact of the offence.
Common defences include self-defence or defence of another where force used was reasonable and proportionate, lack of intent, accident, mistaken identity, or that the alleged injuries were not caused by the defendant. The best defence depends on the specific facts and evidence.
Yes. A criminal conviction can affect employment, professional registration, and immigration or travel status. Some jobs require disclosure of convictions or are incompatible with certain offences. Seek specialist advice if you have concerns about employment, professional consequences, or immigration implications.
Timelines vary. A simple case can be dealt with quickly in the magistrates court, while complex or serious matters may take many months to reach trial in the Crown Court. Investigations, pre-charge procedures, reports and court availability all affect the timescale.
Legal aid may be available for criminal defence where financial eligibility and merits tests are met. Eligibility and application processes differ by case type. If you cannot afford a solicitor, request information from police, the court or local legal advice agencies about access to criminal legal aid and duty solicitors.
Key evidence includes medical records, photographs of injuries, witness statements, CCTV or mobile phone footage, forensic evidence, and contemporaneous messages or calls. Prompt collection and preservation of evidence strengthens both prosecution and defence positions.
Victims can expect to be contacted by the police and may be asked to make statements and attend court to give evidence. The PPS will decide on charging and whether a case proceeds. Victims have support options, may be eligible for special measures for giving evidence, and can request information about case progression and sentencing outcomes.
Useful local organisations and bodies that can help include:
- The Police Service of Northern Ireland - PSNI for reporting offences and police investigations.
- The Public Prosecution Service for Northern Ireland - PPS for information on charging decisions.
- Law Society of Northern Ireland to find and instruct a solicitor experienced in criminal law.
- Victim support organisations providing practical and emotional help for victims of crime.
- Citizens Advice or other local advice services for general guidance on rights and accessing services.
- Northern Ireland Courts and Tribunals Service for information on court procedures and listings.
If you are a victim: ensure you are safe, report the incident to the PSNI, seek medical attention, preserve evidence, and contact a victim support organisation. Consider obtaining legal advice if you need to understand the criminal process or civil protective measures.
If you are under investigation or have been charged: exercise your right to consult a solicitor before speaking to police, request a lawyer at the earliest opportunity, and gather any documents or contact details for witnesses or evidence. Ask about legal aid if you cannot afford private representation.
In both situations, act promptly. Early legal advice can influence outcomes, protect rights, and help manage practical consequences. A solicitor experienced in assault and battery matters in Northern Ireland can explain procedural steps, advise on defences or victim options, and represent you in court or in discussions with the PPS and police.
