Pleading Not Guilty to Assault by Beating

Charges of assault, especially those which result in physical harm to another can be both distressing and confusing. If you are facing allegations of assault by beating, also referred to as battery, knowing your legal rights and options is crucial. One significant decision you will need to make during the process is whether to plead ‘guilty’ or ‘not guilty’ at the first court appearance. This will be at the Magistrates’ Court. In this blog, we will delve into what it means to plead ‘not guilty’  to assault by beating, the legal processes involved and what to expect at court.

What is Assault by Beating?

Assault by beating is a ‘common law’ offence, which means it has been developed through case law throughout the years. It is not defined by statute, although the maximum sentence has been set out in Section 39 of the Criminal Justice Act 1988.

Case law has led to a definition of the offence being made as follows: a person is guilty of the offence of assault by beating if they ‘intentionally or recklessly apply unlawful force to another person’. The term ‘beating’ as it is often referred to denotes the application of unlawful force. The term encompasses any application of any physical force, this does not have to be significant – even the application of very minimal force may amount to “beating”.

For a more detailed analysis of the offences of assault by beating and common assault please see our blog here.

Understanding your Options?

As noted above, one of the most significant decisions you will have to make is whether to plead guilty or not guilty to the assault by beating. This is a decision that will need to be made prior to the first appearance at the Magistrates’ Court.

When you plead not guilty to an offence, you are asserting that you did not commit the offence alleged. Your plea of ‘not guilty’ signals to the court that you intent to contest the charge and this means that the prosecution must make the court ‘sure’ (otherwise coined as ‘beyond a reasonable doubt’) that you are guilty.

It is essential to understand that pleading ‘not guilty’ does not necessarily imply innocence; rather, it signifies your right to challenge the accusations made against you and it will ultimately be a decision for the Magistrates to decide whether you are guilty or not, based on the evidence. If you have not done the thing you are accused of doing, you may be innocent and this may be the right plea to indicate at the first appearance.

In the alternative, if you have committed an offence in the way alleged, you may wish to enter a guilty plea at the first appearance to take advantage of the credit (sentence discount) available to you.

The Legal Process

If you enter a not guilty plea to assault by beating at the first appearance, a number of processes will commence. The offence of assault by beating is a ‘summary only’ offence – which means it can only be tried in the Magistrates’ Court and not the Crown Court.

The Magistrates’ Court will set a trial date, and any other required interim hearing dates – depending on the necessity for these.  The court will “case manage” the trial listing and will want to know what the issues are (what facts are accepted and which are in dispute), whether the defence wish to raise any legal issues, which prosecution witnesses need to give evidence and whether any defence witnesses will be called.  The court will also consider whether any witnesses are entitled to “special measures” which may entitle them to give evidence via livelink or from behind a screen.  Either party may make applications in respect of hearsay evidence or evidence of “bad character” (for example, if the defendant or complainant has any convictions on their record).

Pre Trial Preparation

Following the first appearance, there will be a period where your legal team will need to prepare your case for trial. This involves considering the evidence against you, conducting an analysis of the case and preparing your defence strategy.

This will require you to engage with the legal team in conference to take your full instructions and give you advice about the prospects of your defence.

There are a number of lines of defence which may be relevant in any given case. The particulars of your individual circumstances will guide the advice given to you by your legal team. A few examples of lines of defence may be:

1. You did not commit the offence – this could take the form of alibi evidence or mistaken identity;
2. Self-defence – you acted reasonably and proportionately to defend yourself, your property or another;
3. Evidential/Witness Credibility

Trial

On the day of your trial, you and your legal team will attend court. When the case is ‘called on’, the prosecutor (the lawyer from the prosecution) will open the case and explain the facts of the matter to the court.

The prosecution will then present their case in an attempt to show how this makes you guilty. In a case of assault by beating, the prosecution will likely call the alleged victim (the Complainant) to give evidence. If the alleged incident took place in public and was seen by others, the prosecution may call witnesses to explain to the court what they saw. If witnesses are called, the defence lawyer will have the opportunity to cross-examine them to assist with the defence case. They will be able ask questions with a view to undermining the prosecution case.

The prosecution may present other evidence, such as CCTV, forensic reports or police body-worn footage (where available). Once the prosecution have presented all of their case, they will close their case and the defence case will then be presented.

In a similar way to the prosecution case, the defence will call evidence. In most cases, the defence lawyer will call you, the Defendant, to give evidence. This is not always the case, and in some circumstances, a tactical decision may be made to not call you to give evidence. You will be questioned on the stand by the defence lawyer first, then the prosecution lawyer.

The defence case will also call other supporting evidence, such as witnesses who support the defence case, or other evidence such as CCTV which supports the defence position.

Once the cases have been presented, both the defence and prosecution will make closing speeches. The defence lawyers always make the last speech. These will address how each lawyer states the case is made out (in the case of the prosecution) and how it is not made out (in the case of the defence).

Verdicts (and sentence)

The Magistrates will then retire to consider their verdicts – whether they find you guilty or not guilty. Remember, the burden is on the prosecution to make them sure that you are guilty. If the Magistrates are not ‘sure’ you are guilty of assault by beating, they must find you not guilty.

If you are found not guilty, that brings proceedings to an end and you are free to move on with your life. If you are found guilty, the Magistrates’ will sentence you (immediately or after an adjournment). Our blog on ‘What is Assault by Beating’ talks more about sentences for this offence, and can be found here.

How Can We Help?

Pleading not guilty to assault by beating is a significant decision which requires careful consideration. Old Bailey Solicitors are on hand to guide you through what, for many, is a complex and daunting process. Our team of experienced criminal defence solicitors and legal executives is committed to providing you with expert guidance and support through every stage of your case.

If you or a loved one are facing a charge of assault by beating and are considering pleading not guilty (or guilty), please do not hesitate to contact us for a non-judgemental, confidential discussion about how we may be able to help.