In a joint report dated 7 April 1989, the Law Commission and the Scottish Law Commission said that, between them, the offences of common assault, battery and affray, and the offences under the Criminal Damage Act 1971, made adequate provision for the punishment of any conduct that amounted to an offence under either section 39 or section 40. They said that the Home Office agreed that sections 39 and 40 served no further useful purpose. They recommended that both sections be repealed.