In Brief
Labour MP Mike Amesbury was sentenced this to ten weeks in prison for assault by beating after a hearing at Cheshire Magistrates Court. Following a successful appeal, a suspended sentence has now been invoked. The charge stems from an incident in October 2024 in Frodsham, Cheshire, where Amesbury was captured on CCTV punching a man to the ground in the street. But is this sentence typical for a charge of common assault? What do sentencing guidelines say, and what should you expect if you’re ever accused of a similar offence?
The Case
After pleading guilty to the charge of assault by beating in January 2025, Runcorn and Helsby MP Mike Amesbury was sentenced to ten weeks immediate custody. The video of the assault shows Amesbury punching the victim to the ground and continuing to do so before nearby members of the public intervened.
Deputy Chief Magistrate Tan Ikram handled the case by at Chester Magistrates Court, who reportedly took into consideration not only the Amesbury’s culpability when deciding on whether to impose jail time but also the current pressure on prison populations.
According to the BBC, the aggravating factors considered in court included the lack of provocation and the level of Amesbury’s aggression. Had the others not intervened, Mr Ikram was sure that Amesbury would have continued and caused more harm to the victim.
Ultimately, Mr Ikram decided that immediate custody was the only sentence severe enough to duly punish Amesbury. Amesbury’s solicitor wished to make an application for bail pending an appeal for his sentence, however this was denied. Amesbury is due to serve at least 40% of this sentence in prison and must also pay £200 in compensation to the victim.
How typical is this sentence for cases of assault by beating? And what are the factors considered in court that could influence the sentence received for cases of this kind?
What is Common Assault?
Common assault offences are classified into three categories, with Category 1 being the most severe, carrying a maximum sentence of 26 months in custody. For lower category offences, community orders and fines are often given out.
However, cases involving actual bodily harm (ABH) or grievous bodily harm (GBH) can increase the severity of the punishment greatly.
Common assault is causing – either deliberately or recklessly – someone to suffer unlawful force or expect it is about to be inflicted on them, for example battery, spitting, even in some cases verbal abuse and brandishing a weapon.
ABH is a charge for cases where actual injuries have been inflicted which are more serious that those required for a charge of battery. GBH involves even more severe injuries such as lacerations, fractures and broken bones.
The offence of common assault is categorised into three levels:
- Category 1 – the most severe degree of common assault. Maximum sentence of 26 months in prison
- Category 2 – a medium degree of common assault. Maximum penalty of a high-level community order
- Category 3 – the least severe degree of common assault. Maximum sentence is typically a fine
What are the Sentencing Guidelines for Common Assault in the UK?
The sentences for assault are highly variable depending on the case. Assault by beating, referring to common assault involving physical battery has a maximum penalty of six months custody.
The possible consequences of a common assault conviction include:
- A maximum penalty of 26 months in prison if found guilty of category 1 common assault.
- A high-level community order if found guilty of category 2 common assault.
- A fine if found guilty of category 3 common assault.
Certain factors, such as harm and culpability are considered in court, which can determine the range of the sentence imposed and what the ‘starting point’ is. Harm is reviewed in terms of the presence of physical injuries and/or psychological impact on the victim.
Characteristics that indicate higher level of culpability include:
- Serious injury (or fear of injury) was sustained by the victim
- The victim was vulnerable for personal reasons and/or deliberately targeted
- The act was sustained over an excessive period of time, or repeated on the same victim
- The assault was motivated by discrimination – for example disability, sexuality, age or ethnicity
- The accused threatened the use of a weapon
What are the Likely Outcomes for Common Assault in the UK?
Once the levels of culpability and harm have been categorised, a more specific starting point for sentencing category can be determined.
Category 1: These offences have a starting point of a high-level community order but can increase to a 26-month custodial sentence in cases of racially aggravated assault.
Category 2: The starting point is a medium-level community order but not more punishment than a high-level community order is to be expected.
Category 3: Offences of this kind are usually sentenced by way of a fine but can be conditionally discharged without further consequences provided no further offences are committed when a low level of culpability is found.
These ranges are always subject to change as sentencing is tailored to the circumstances of the case and the individual. This was reflected in the case of MP Mike Amesbury where increased culpability was attributed to the repeated punches.
Amesbury’s Case
At sentencing, it noted that Amesbury “continued to attack” and “continued to shout” at the victim while he was on the ground. Additionally, the presence of alcohol and Amesbury’s intoxication were found to be aggravating factors, along with the position in public office he held.
If a person has previous convictions, this can move an offence from one category to another. Likewise, a timely guilty plea can on occasions have a decisive effect in terms of reducing an offence category’s seriousness.
A suspended sentence may be an option when the custody threshold is passed, as shown when Amesbury successfully appealed. A suspended sentence remains a custodial sentence whereby Custody was felt necessary but has not been immediately imposed provided no further offences are committed within a set period and, in this, certain requirements may have to be completed. As part of his suspended sentence, Amesbury must complete 200 hours of unpaid work.
The key is to ensure that an expert in assault cases is advising the accused from the outset, to ensure that the right points are made and the best outcome achieved.
Contact Us
Have you or someone you know been accused of common assault? We understand how confusing and daunting facing a criminal charge can be. At Lawtons, we will always aim to secure the best possible outcome for our client. Contact our specialist team today on 0333 577 0522 or visit our enquiries page.
