Grievous bodily harm (GBH) means really serious physical or psychiatric harm, such as broken bones, serious wounds or a recognised psychiatric injury. Allegations can arise in a range of circumstances, including fights, incidents involving weapons and assaults said to have caused significant or lasting injury.
GBH can be charged under section 18 or section 20 of the Offences Against the Person Act 1861. Section 18 requires an intention to cause really serious harm and carries a maximum sentence of life imprisonment. Section 20 does not require that specific intent but remains a serious offence carrying a maximum sentence of five years’ imprisonment. The correct charge depends not only on the injuries caused, but also on what the prosecution can prove about your state of mind at the time.
Our criminal defence solicitors represent clients accused of GBH from the beginning of a police investigation through to trial in the Crown Court. We can advise you before and during an interview under caution, examine medical and forensic evidence, obtain relevant CCTV and witness evidence, and work with experienced barristers and King’s Counsel to prepare your defence.
Our criminal defence team is ranked in Tier 1 by The Legal 500 and Band 1 by Chambers and Partners.
Frequently Asked Questions
Assault charges range from the less serious offences of common assault or battery, to GBH. They are governed by the Offences Against the Person Act (OATP) 1861. Do not be fooled by the fact the legislation governing the crime is Victorian. A conviction for any type of assault could lead to serious consequences. Aside from the prospect of a criminal record, it can also include the loss of employment (or your entire career), being barred from entering other countries, and ruination of your personal reputation. Therefore, the importance of seeking expert legal advice cannot be overstated.
The different types of assault charges are as follows:
- Grievous bodily harm with intent- contrary to section 18 of the OAPA, GBH section 18 can only be tried in the Crown Court. In the most serious cases, if convicted, you can be sentenced to life imprisonment. There is no strict definition for GBH. In R v Bollom [2003] EWCA Crim 2846 the Court concluded that injuries should be assessed with reference to the particular complainant with regard to their age, health, or any other particular factors all fall for consideration. The Court said, “To use this case as an example, these injuries on a 6-foot adult in the fullness of health would be less serious than on, for instance, an elderly or unwell person, on someone who was physically or psychiatrically vulnerable or, as here, on a very young child. In deciding whether injuries are grievous, an assessment has to be made of, amongst other things, the effect of the harm on the particular individual. We have no doubt that in determining the gravity of these injuries, it was necessary to consider them in their real context.”
- Grievous bodily harm without intent– contrary to section 20 of the OAPA 1861 provides for this offence, which is a lesser form of GBH with intent. The Prosecution must prove that really serious harm was caused by the Accused but not that they deliberately intended to cause such harm.
- Actual bodily harm (ABH) – contrary to section 47 of the same act is a lesser form of assault than GBH and charges are often laid when injuries are minor wounds and broken teeth and cases can be heard in the Magistrates’ Court or Crown Court.
- Common assault or battery (use of physical force) – is the lowest form of violence to the person. However, it still carries the possibility of a prison sentence. It is commonly seen in domestic abuse cases or spontaneous fights in a public place such as outside a pub with low or no injury.
At Reeds Solicitors we are always willing to go that extra mile in advising and representing you in any assault-related matter because we know how serious the consequences can be if you are convicted. We will do everything it takes, including tracing witnesses, tracking down CCTV, and/or visiting the scene. Our network of leading experts can analyse footage – perhaps slow it down or enlarge/enhance a fight scene to ascertain what really happened. You can be assured that we will do all we can to get the best result for you.
If you have been asked to attend a voluntary interview about an assault allegation or have been arrested, you may wish to speak directly to one of our Pre-Charge Solicitors.
Our Criminal Defence Solicitors have the expertise and experience required to advise and represent you. Please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected].
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