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Fosters Solicitors

What is GBH and how is it different from ABH?

When discussing violent offences under UK law, two terms often come up: GBH and ABH. But what is GBH, and how does it differ from ABH? Understanding these terms is essential for anyone facing or reporting assault charges in the UK. These classifications affect the severity of charges, sentencing, and legal implications significantly.

Understanding GBH and ABH

GBH stands for Grievous Bodily Harm, while ABH stands for Actual Bodily Harm. Both fall under the umbrella of assault offences in UK law, but they differ in terms of intent, severity, and legal consequences.

  • ABH: Causing minor injuries that interfere with the victim’s health or comfort (e.g., significant bruising, cuts).
  • GBH: Inflicting serious harm or injuries that may result in long-term damage (e.g., broken bones, stab wounds).

Legislation and sentencing

Both ABH and GBH are covered by the Offences Against the Person Act 1861. However, they fall under different sections:

Offence Section Maximum Sentence
ABH Section 47 5 years’ imprisonment
GBH (without intent) Section 20 5 years’ imprisonment
GBH (with intent) Section 18 Life imprisonment

Key differences between GBH and ABH

1. Severity of injury

ABH typically involves minor injuries such as superficial cuts, bruises, or temporary loss of consciousness. GBH involves more serious injuries, including:

  • Broken bones.
  • Deep stab wounds.
  • Severe psychological trauma.
  • Permanent disfigurement.

2. Intent

This is particularly important with GBH offences:

  • GBH (Section 20): Requires an assault to cause the injuries, but the significance of those injuries caused by recklessness, rather than an intent.
  • GBH (Section 18): Prosecution must prove the defendant intended to cause serious harm.

3. Mode of prosecution

ABH is usually a triable either-way offence, meaning it can be tried in either the Magistrates’ Court or Crown Court. Section 20 GBH is also either way, but would unusually be dealt with in the Magistrates’ Court, whereas Section 18 is an indictable-only offence and must be tried in Crown Court.

Example case study

Scenario: During a heated argument in a pub, one man punched another in the face. The victim sustained bruises and a black eye. The case was charged as ABH under Section 47. In contrast, in a different case, a defendant used a broken bottle to slash someone’s face during a street altercation, resulting in permanent scarring. This was charged as GBH with intent under Section 18.

This comparison shows how the nature of the injury and the level of intent drastically impacts the legal outcome.

Fosters Solicitors frequently deal with similar cases where prompt and ongoing legal advice addresses the issues particularly in assessing whether the injuries are correctly categorised and that the issue of lack of intent is properly reflected.

In addition, there are areas of these offences where those accused of either raise the issue of self-defence, in itself a complex and important area of the criminal law. Asking a solicitor for help with these cases is important.

Need expert advice on assault charges? Our expert and nationally-recognised Criminal Law Solicitors are here to help you navigate these complex legal matters. Contact our team.

The future of ABH and GBH offences

There are calls to reform the Offences Against the Person Act 1861, as critics argue that it’s outdated and overly complex. Proposed reforms would modernise the definitions of ABH and GBH, make legal language more accessible, and offer clearer distinctions between levels of harm and intent. However, some commentators also argue that the Offences against the Person Act has stood the test of time and little would be gained by reforming the whole of it.

FAQ

What is GBH?

GBH (Grievous Bodily Harm) is a serious criminal offence under UK law involving severe physical injury or psychological harm to another person. It can be charged under Section 20 (without intent) or Section 18 (with intent) of the Offences Against the Person Act 1861.

Is GBH a more serious offence than ABH?

Yes, GBH is considered more serious due to the extent of injury and the potential for intentional harm.

Can ABH be upgraded to GBH?

Yes, if further medical evidence shows more severe injuries or if intent is later proven, an ABH charge can be escalated to GBH.

What does ‘with intent’ mean in GBH charges?

It means the prosecution must prove that the accused deliberately intended to cause serious harm, making it a Section 18 offence.

Are GBH and ABH both criminal offences?

Yes, both are criminal offences under the Offences Against the Person Act 1861, carrying different penalties based on severity and intent.

 

This article was produced on the 17th July 2025 for information purposes only and should not be construed or relied upon as specific legal advice.

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