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battery section 39

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mikec1976 | 18:03 Fri 23rd Jul 2010 | Criminal
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ive just been refused my sia licence because i got a caution in march 2008 for battery,i actually thought it was common assault,i never denied the offence to the police it was more in defence as she was attacking me she even withdrew her statement which didnt say alot i just want some advice on what to do as i thought it was common assault my crb says battery and ive been refused my sia security licence because of it,i was the 1 attacked n defended myself.
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there is nothing you can do - you have been found guilty. Would it really make a difference to the licence if it was assault?
'Assault' and 'battery' are simply different wordings of the same charge. See here for the guidelines that the CPS use when determining the wording in any particular case:
http://www.cps.gov.uk..._the_person/#P92_3540

Both 'assault' and 'battery' are regarded as 'serious' offences by the SIA. See pages 63 and 64 here:
http://www.cps.gov.uk..._the_person/#P92_3540
Page 44 of that document shows that the SIA's policy (where an applicant has committed a single serious offence) is to automatically refuse a licence for a period of two years after the end of sentence restrictions. For the following three years the SIA will consider additional factors before deciding whether to grant a licence. To be sure of getting a licence you must wait until 5 YEARS have elapsed since the end of any sentence restrictions.

Chris

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