Common Assault vs ABH vs GBH: What Is the Difference and How Serious Is Each Charge?

Psychiatric Injury and Bodily Harm: What Qualifies?

Psychiatric injury can amount to bodily harm in ABH or GBH cases, but it must involve a recognised psychiatric condition. Ordinary feelings of distress, fear or anxiety are not enough on their own.

Medical evidence is generally needed to establish the nature and seriousness of the condition. The court will consider whether the psychiatric harm meets the threshold for ABH or the more serious threshold for GBH.

ABH: Trial Venue and Maximum Sentence

Actual Bodily Harm (ABH) is an offence under the Offences Against the Person Act 1861. It applies where an assault causes injury that is more than temporary or insignificant, such as substantial bruising or cuts requiring stitches.

ABH is an either-way offence, meaning it can be tried in either the magistrates’ court or the Crown Court. The maximum sentence in the Crown Court is five years’ imprisonment, while the magistrates’ court has more limited sentencing powers.

The sentence depends on the injuries, the circumstances of the assault and the defendant’s level of culpability.

GBH Section 20: Unlawful Wounding or Inflicting GBH

Section 20 of the Offences Against the Person Act 1861 covers unlawful wounding or inflicting grievous bodily harm. GBH means really serious harm, although the injury does not have to be permanent or life-threatening.

Key Legal Definitions for Section 20 GBH

• GBH: Really serious physical or recognised psychiatric harm.
• Wounding: A break through the full thickness of the skin. Bruising without a break in the skin does not qualify.
• Mental element: The defendant must have intended to cause some physical harm or recognised that some harm might result. They do not have to intend serious injury.

Section 20 GBH is an either-way offence carrying a maximum sentence of five years’ imprisonment.

A serious injury does not automatically mean that Section 18 applies. Prosecutors must also consider what the defendant intended or foresaw.

GBH Section 18: Wounding or Causing GBH with Intent

Section 18 is the most serious of these assault offences. It generally applies where someone wounds another person or causes GBH with the specific intention of causing serious harm.

The offence can also apply to unlawful wounding or causing GBH with the relevant intention to resist or prevent a lawful arrest or detention, provided the other legal requirements are satisfied.

The main distinction between Section 18 and Section 20 is the level of intent required. Section 20 requires intention or recklessness concerning some harm, while the usual Section 18 charge requires an intention to cause really serious harm.

Prosecutors may consider evidence such as the use of a weapon, threats made beforehand, the duration of the attack and any admissions by the defendant.

Section 18 is an indictable-only offence, meaning it must be tried in the Crown Court. The maximum sentence is life imprisonment.

How Prosecutors Choose a Charge: The CPS Charging Standard

The Crown Prosecution Service (CPS) must select a charge that reflects the seriousness of the alleged offence and the available evidence.

Prosecutors first consider the level of injury, then examine the wider circumstances, including the nature of the assault, the defendant’s intention or recklessness, whether a weapon was used and the vulnerability of the complainant.

For example, an assault causing minor bruising may lead to a common assault charge, while more substantial injuries may support ABH. Serious injuries, particularly where there is evidence of an intention to cause GBH, may justify a more serious charge.

However, the injury alone does not determine the offence. The prosecution must consider all relevant circumstances and the legal requirements of each charge.

Trial Venues for Assault Offences: At a Glance

The court that hears an assault case depends on the charge.

• Common assault: Normally tried in the magistrates’ court, with a maximum sentence of six months’ imprisonment.
• ABH: Can be tried in the magistrates’ court or Crown Court, with a maximum sentence of five years.
• GBH Section 20: Can be tried in either court, with a maximum sentence of five years.
• GBH Section 18: Tried only in the Crown Court, with a maximum sentence of life imprisonment.

These are the maximum penalties for the standard offences. Different penalties may apply to certain aggravated offences, including racially or religiously aggravated assaults.

Sentencing Framework: How Courts Determine Assault Sentences

Courts use Sentencing Council guidelines to determine the appropriate sentence, unless following them would be contrary to the interests of justice.

The court considers the harm caused and the defendant’s culpability to identify a starting point. It then takes account of aggravating and mitigating factors before deciding the final sentence.

Aggravating circumstances may include using a weapon, targeting a vulnerable person or planning the assault. Mitigating factors may include genuine remorse, previous good character or other relevant personal circumstances.

The court may also consider a guilty plea, which can reduce the sentence.

ABH Sentencing Guidelines

The Sentencing Council provides specific guidelines for ABH offences.

Sentences depend on the seriousness of the injury and how culpable the defendant was. A sustained or planned assault causing substantial harm will generally be treated more seriously than an isolated incident involving a lower level of injury.

The court also considers aggravating and mitigating circumstances before deciding whether a fine, community order or custodial sentence is appropriate.

GBH Sentencing Guidelines: Section 20 and Section 18

Separate sentencing guidelines apply to Section 20 GBH and Section 18 GBH with intent.

For Section 20, the court considers the seriousness of the injury, the defendant’s culpability and the circumstances of the offence. The maximum sentence is five years’ imprisonment.

Section 18 carries a much higher maximum penalty because of the serious intent involved. Cases involving deliberate violence, weapons or particularly severe injuries may result in lengthy prison sentences.

However, a life sentence is not automatic following a Section 18 conviction. The court determines the appropriate sentence using the relevant guideline and the facts of the case.

Mode of Trial for Either-Way Offences (ABH and Section 20 GBH)

ABH and Section 20 GBH can be heard in either the Magistrates’ Court or the Crown Court.

The case begins in the Magistrates’ Court, where the defendant is asked to indicate a plea. If a not guilty plea is indicated, the court considers whether the case is suitable for trial there.

If the magistrates accept jurisdiction, the defendant can generally choose whether to have the case heard in the magistrates’ court or elect trial in the Crown Court.

Where the case is considered too serious for summary trial, it will be sent to the Crown Court.

The appropriate venue depends on the seriousness of the allegations, the court’s powers and the defendant’s decision where an election is available.

How Can a Criminal Defence Solicitor Help With Assault Charges?

If you are facing a common assault, ABH or GBH charge, a criminal defence solicitor can review the allegations, examine the prosecution’s evidence and advise on the options available to you.

The seriousness of the injury does not determine the charge on its own, and disputes about intent, the circumstances of the incident or whether you acted in self-defence may be relevant.

A solicitor can assess medical evidence, witness statements and any available CCTV footage to identify weaknesses in the prosecution’s case.

They can also advise on police interviews, possible defences, court proceedings and sentencing where necessary.

Speak to a Criminal Defence Solicitor

Being investigated or charged with assault can have serious consequences, particularly where the allegation involves ABH or GBH.

Understanding the evidence and the legal requirements of the offence can help you make informed decisions about your case.

Our criminal defence solicitors can explain the charge you face, assess the available evidence and advise on the next steps.