 Assault is a summary offence in England and Wales , with the case heard only at a Magistrates ' Court . Although R v Little considered assault a statutory offence , none of the statutes referred to contain any definition of assault . The actus reus , endorsed in R v Ireland , is any act by D that causes V to apprehend immediate and unlawful personal violence . The term " force " rather than " violence " is used by the Crown Prosecution Service ( CPS ) . As a definition , this has proven stable , but its interpretation has varied . The force must be unlawful – outside the realm of defensive or preventative force , for example . Consent of the victim may be enough to prevent the commission of a crime . There is to debate as to whether lack of consent is an element of the actus reus , making it inherent to the commission of a crime , or whether consent is a defence . Andrew Simester and Bob Sullivan argue that the former is more correct , since lack on consent is vital to the crime ; since the act may not constitute a harm even if enacted . The disregard for the victim 's autonomy and privacy is the actionable part of the offence . The victim need not be frightened by the apprehension of violence , merely not want the person concerned to do it . 
