I Have Been Given A Section 39 For Assult What Does This Mean

[Sharonwalker1]

I have been set up by my sister's boyfriend. He came to my house for no reason ( I have nothing to do with my family due to verbal threats by them) I opened the door, he walked in. We was both arguing and swearing. My husband walked in and then the person in question was mouthy and swearing at my husband. My 13 year old and 10 year old was also present. After a while he went to leave and I pushed him out the door. He's gone to the police with a recorded audio of our argument. He said I punched him! There's a noise on the audio that I'm being accused off as punching him. I did not punch him but I've been given a section 39.

[New Judge]

I assume you have been charged with Common Assault under Section 39 of the Criminal Justice Act 1988. This is the least serious of the offences against the person and is used to prosecute minor skirmishes such as the one you have allegedly been involved in.

[Buenchico]

>>> "I've been given a section 39"

It's not clear what you mean by that. Have you been charged under Section 39 (of the Criminal Justice Act 1988) or have you accepted a caution by admitting a breach of that legislation?

'Section 39' relates to 'common assault'. It's the lowest level of assault, relating to assaults which don't cause any significant injuries. Simply pushing someone amounts to 'common assault'.

While the penalties for 'common assault' go up to 6 months imprisonment, a custodial sentence is hardly ever passed. Most Section 39 offences are either dealt with by a police caution or, if they go to court, result in a conditional discharge, a fine or possibly a community order. (I'd guess at a conditional discharge if your case goes to court). See pages 23 to 26 here to read the sentencing guidelines that magistrates work to:
https://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf