Extract from Crown Prosecution Service Guidance to Prosecutors Standard for battery (i) Although any injury that

is more than transient or trifling can be classified as actual bodily harm, the appropriate charge (subject to Para (viii) below) will be contrary to section 39 where injuries amount to no more than the following: Grazes Scratches Abrasions Minor bruising Swellings Reddening of the s in Su!erficial cuts A "blac eye#"

(i) !ou should always consider the in$uries first and in most cases the degree of in$ury will determine whether the a!!ro!riate charge is section %& or section '(# (ii) Generally) when the in$uries amount to no more than those described at sub!aragra!h *vii+ above) common assault will be the a!!ro!riate charge#

S#'( standard "uch serious aggravating features would include: (a) the nature of the assault, such as the use of a wea!on) biting) gouging or ic ing of a victim whilst on the ground, or strangulation which is more than fleeting and which caused real fear to the victim#
or

(b) the vulnerability of the victim, such as when the victim is elderly) disabled or a child assaulted by an adult (so that where an assault causes any of the injuries referred to in sub$ paragraph (vii) above, other than reddening of the s%in, the charge will normally be assault occasioning actual bodily harm, although prosecutors must bear in mind that the definition of assault occasioning actual bodily harm re&uires the injury to be more than transient and trifling)#
or

(c) other circumstances when though the injuries are relatively minor the e'istence of aggravating features mean that the sentencing powers of the court may not be ade&uate(

(i) ,y way of exam!le) the following in$uries should normally be !rosecuted under section )*

.oss or brea ing of tooth or teeth /em!orary loss of sensory functions) which may include loss of consciousness v 0122%3 Crim# .R 411+# Extensive or multi!le bruising 5is!laced bro en nose Minor fractures Minor) but not merely su!erficial) cuts of a sort !robably re6uiring medical treatment *e#g# stitches+ Psychiatric in$ury that is more than mere emotions such as fear) distress or !anic#
(T Director of Public Prosecutions,

ex!ert evidence must be called by the !rosecution *R v && Cr A!! R 7'() CA+#
Chan-Fook,

Standard of G,8 injury resulting in permanent disability or permanent loss of sensory function# injury which results in more than minor permanent, visible disfigurement# bro%en or displaced limbs or bones, including fractured s%ull compound fractures, bro%en chee% bone, jaw, ribs, etc( injuries which cause substantial loss of blood, usually necessitating a transfusion injuries resulting in lengthy treatment or incapacity, psychiatric injury( As with assault occasioning actual bodily harm, appropriate e'pert evidence is essential to prove the injury(

9ntend for S#7: +actors that may indicate the specific intent include: a repeated or planned attac% deliberate selection of a weapon or adaptation of an article to cause injury, such as brea%ing a glass before an attac% ma%ing prior threats using an offensive weapon against, or %ic%ing the victim,s head(
(i)