Assault
Assault in Scotland is a common law crime: any deliberate attack on another person, whether or not it causes injury. A threatening gesture that puts someone in fear can be enough. The charge can be aggravated, for example by injury, use of a weapon, domestic abuse or prejudice.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Common assault, Serious assault, Aggravated assault |
|---|---|
| The law | Common law of Scotland |
| Where it is tried | minor assaults are usually prosecuted under summary procedure in the JP court or the sheriff court. More serious assaults, for example involving weapons or significant injury, are prosecuted under solemn procedure before a sheriff and jury or in the High Court. The JP court cannot deal with assault to the danger of life, assault by stabbing or assault causing the fracture of a limb. |
| Maximum penalty | Assault is a common law crime, so there is no single statutory maximum: the limit depends on the court that deals with it. JP court: up to 60 days' imprisonment and/or a fine of up to £2,500. Sheriff court under summary procedure: up to 12 months' imprisonment and/or a fine of up to £10,000. Sheriff and jury (solemn procedure): up to 5 years' imprisonment and/or an unlimited fine, and the sheriff can remit (send) the case to the High Court for sentence if more is merited. High Court of Justiciary: up to life imprisonment and/or an unlimited fine. Where a domestic abuse or prejudice aggravation is proved, the court must take it into account in sentencing and say how it affected the sentence. |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- That the accused made an attack on the complainer, such as a punch, kick, push or spit, or a menacing gesture that put the complainer in fear of immediate harm
- That the attack was deliberate (what Scots law calls 'evil intent'); a purely accidental injury is not an assault
- That injury is not required for the basic crime, but any aggravation libelled in the charge (such as 'to injury', 'to severe injury' or 'with a weapon') is proved if it is to be part of the conviction
- That any statutory aggravation, such as abuse of a partner or ex-partner or prejudice, is proved where it is included in the charge
- That the accused is identified as the person responsible, generally by corroborated evidence from two separate sources
Defences and common issues
- Self-defence: the accused was in imminent danger, had no reasonable opportunity to escape or retreat, and used force that was not excessive; it is a special defence that must be intimated (notified) to the prosecution before trial.
- Accident or lack of intent: an injury caused accidentally is not assault, although reckless conduct may be charged as a different crime.
- Consent is generally not a defence to assault in Scots law, except in recognised situations such as properly conducted sport or medical treatment.
- Identification or alibi: disputing that the accused was the person responsible, or showing they were elsewhere (alibi is also a special defence).
- Physical punishment of a child cannot be justified as 'reasonable chastisement'; that defence was abolished by the Children (Equal Protection from Assault) (Scotland) Act 2019.
Frequently asked questions
Is it assault if I didn't actually hit anyone?
Yes, it can be. In Scotland, assault covers any deliberate attack on another person, and no injury is needed. A menacing gesture, such as raising a fist or brandishing an object, that puts someone in fear of immediate harm can be an assault even without contact. Pushing or spitting at someone can also be assault. Words on their own are not normally an assault, but threats can be prosecuted as threatening or abusive behaviour under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010.
What is the difference between common assault and serious assault in Scotland?
Scots law has one crime of assault, but the charge can include aggravations describing how serious it was, such as 'to injury', 'to severe injury', 'to permanent disfigurement' or 'to the danger of life', or that a weapon was used. Police statistics call the more serious forms 'serious assault'. The aggravations matter because they affect which court hears the case and the sentence. A minor assault may be dealt with in the JP court or sheriff summary court, while a serious one is likely to go before a jury.
What is a domestic abuse or hate crime aggravation?
These are statutory aggravations added to a charge. Under section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, an assault can be aggravated by involving abuse of a partner or ex-partner. Under the Hate Crime and Public Order (Scotland) Act 2021, it can be aggravated by prejudice relating to age, disability, race, religion, sexual orientation, transgender identity or variations in sex characteristics. If an aggravation is proved, the court must record it with the conviction and take it into account when sentencing.
Can I claim self-defence in Scotland?
Yes. Self-defence is a complete defence to assault if you were in imminent danger of attack, had no reasonable opportunity to escape or retreat, and the force you used was not excessive in the circumstances. Courts do not expect precise judgement in the heat of the moment, but force that goes well beyond what was needed can defeat the defence. Self-defence is a 'special defence', so the defence must give the prosecution notice of it before the trial. A solicitor can advise whether it applies.
Will I definitely go to court for an assault?
Not always. Police report the case to the Procurator Fiscal, who decides whether to prosecute. For minor assaults with no more than superficial injury, police can instead offer an adult a Recorded Police Warning under the Lord Advocate's guidelines, and the Fiscal can offer alternatives such as a fiscal fine or fiscal work order. Accepting one of these is not a conviction. Cases involving domestic abuse, hate crime or more than superficial injury are excluded from police warnings. A solicitor can explain the options.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Scottish Sentencing Council: Maximum and minimum sentences
- Criminal Procedure (Scotland) Act 1995, Part I (jurisdiction and sentencing powers of the courts)
- Abusive Behaviour and Sexual Harm (Scotland) Act 2016, section 1
- Hate Crime and Public Order (Scotland) Act 2021, section 1
- COPFS: Lord Advocate's guidelines on the use of police direct measures for adult offenders
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