Back to Criminal Cases

CLARKE, David

Case Reference: 40AD1692325

Case Details

Open Justice Notice: This record is a public court hearing entry sourced from official HMCTS daily cause lists and is published under the principle of open justice, which holds that court proceedings must be accessible to the public and the press. Appearance in this record does not imply guilt. If this case involves a spent conviction under the Rehabilitation of Offenders Act 1974, or if you believe this record is inaccurate, please contact us.

Reference

40AD1692325

Court

Luton and South Bedfordshire Magistrates' Court - Courtroom 02

Magistrate

Mrs Davis JP , Mr Kenyon JP , Mrs McDougal JP , Miss Raftery JP

Hearing Date

17 November 2026

Time

10am

Hearing Type

Sentence

Court Type

Magistrates

Prosecutor

CPS-TCBH

Case Details

Offence Details: | Assault a constable in the execution of his / her duty

Next Steps at this Sentencing

The sentencing hearing takes place after a defendant pleads guilty or is found guilty at trial. The judge or magistrates review the Sentencing Council guidelines, consider aggravating and mitigating factors, read any pre-sentence reports or victim personal statements, and decide the appropriate penalty.

Court Jurisdiction: Magistrates' Court - Magistrates' Courts handle virtually all summary offences (minor offences) and start the proceedings for serious offences. They are presided over by three volunteer Magistrates (advised by a legal advisor) or a single qualified District Judge. They do not have a jury.

UK Offence & Sentencing Guidelines

Common Assault / Battery

Common assault is committed when a person intentionally or recklessly causes another to apprehend immediate, unlawful violence. Battery is the actual application of unlawful force. No physical injury needs to occur.

Sentencing: Usually dealt with in the Magistrates' Court. Maximum penalty is 6 months imprisonment, a community order, or a fine. If racially or religiously aggravated, it can be sent to the Crown Court with higher maximum penalties.
Disclaimer: The legal definitions and sentencing guidelines above are for general educational purposes under English Law and do not constitute formal legal representation or advice. If you are facing criminal prosecution, consult a qualified criminal defense solicitor immediately.

Case FAQs & Procedure Guide

The court considers the severity of the offence, the defendant's level of culpability (blameworthiness), the harm caused, any previous criminal record (aggravating factors), and positive character references or early guilty pleas (mitigating factors).

Sentences can include discharges (absolute or conditional), fines, community orders (unpaid work, rehabilitation), suspended prison sentences, or immediate custodial sentences (imprisonment).

Yes. The defense can appeal against the severity of the sentence, and the prosecution can appeal (in some serious Crown Court cases) if they believe the sentence was unduly lenient.

For a single summary/either-way offence, magistrates can sentence a defendant to a maximum of 6 months in prison (or up to 12 months for multiple either-way offences), alongside unlimited fines and community orders.

Magistrates are trained volunteers from the local community who sit in panels of three. A District Judge is a qualified legal professional who sits alone. Both have the same sentencing powers.

Common assault is committed when a person intentionally or recklessly causes another to apprehend immediate, unlawful violence. Battery is the actual application of unlawful force. No physical injury needs to occur.

Usually dealt with in the Magistrates' Court. Maximum penalty is 6 months imprisonment, a community order, or a fine. If racially or religiously aggravated, it can be sent to the Crown Court with higher maximum penalties.

Interested in the outcome of this case? You can request more information by emailing the court directly using the Email Court button at the top of the page.

Public Discussion

Report / Request Removal