Alan Pollock V Sam Main: Big Man charged with assault
Incredibly, Sam Main, has also been reported to the procurator fiscal. Will he now be prosecuted for violation of Section 38 of the Criminal Justice and Licensing Act Scotland, and in connection with an allegation of trespass?
What utter bollocks. Sam Main should be given the chance to pay any fare he may owe. Anything else is just vindictive. And as for the train company… Well, their ticket inspector was hardly well behaved, was he? Can Sam Main sue Scotsrail for incitement?
Source: Common Law
Offence: To direct an attack to take effect physically on the person of another, whether or not actual injury is inflicted.
Arrest: Common law power of arrest.
There must be criminal intent, an accidental injury does not amount to assault. It is not however necessary that the attack should take effect. An assault can be direct or indirect, e.g. setting a dog at another person. It is also assault to be violently menacing. Threatening gestures inducing a state of bodily fear are an example. An assault may be aggravated by intent; mode of perpetration (e.g. use of a weapon), extent of injury, place of assault, or the character of the person assaulted (e.g. a pregnant woman). Indecent assault is an assault accompanied by indecent intent. In certain cases an assault may be justified by showing that it was done under the authority of the law; in defence of others or in self-defence.