Editing Assault (section)

====Scotland====
In [[Scots law]], assault is defined as an "attack upon the person of another".<ref>MacDonald, ''Criminal Law'' (5th edn, 1948) p.155</ref> There is no distinction made in Scotland between assault and battery (which is not a term used in Scots law), although, as in England and Wales, assault can be occasioned without a ''physical'' attack on another's person, as demonstrated in ''Atkinson v. [[Lord Advocate|HM Advocate]]''<ref>1987 SCCR 534</ref> wherein the accused was found guilty of assaulting a shop assistant by simply jumping over a counter while wearing a [[ski mask]]. The court said:

{{blockquote|[A]n assault may be constituted by threatening gestures sufficient to produce alarm|''Atkinson v. HM Advocate'' (1987)}}

Scots law also provides for a more serious charge of aggravated assault on the basis of such factors as severity of injury, the use of a weapon, or ''[[Stouthrief|Hamesucken]]'' (to assault a person in their own home). The ''[[mens rea]]'' for assault is simply "evil intent",<ref>MacDonald, op. cit, p.155; ''Smart v. HM Advocate'' 1975 JC 30</ref> although this has been held to mean no more than that assault "cannot be committed accidentally or recklessly or negligently" as upheld in ''[[Lord Advocate's Reference]] No 2 of 1992'' where it was found that a "hold-up" in a shop justified as a joke would still constitute an offence.

It is a separate offence to assault on a constable in the execution of their duty, under section 90 of the [[Police and Fire Reform (Scotland) Act 2012]] (asp 8) (previously section 41 of the [[Police (Scotland) Act 1967]] (c. 77)) which provides that it is an offence for a person to, amongst other things, assault a constable in the execution of their duty or a person assisting a constable in the execution of their duty.