Common Assault, ABH and GBH

As outlined under the Criminal Justice Act 1988, common assault, ABH (actual bodily harm) and GBH (grievous bodily harm) are criminal offences, and offenders are liable for fines and imprisonment. The level of forethought, harm and any motivating factors are considered by the court when deciding the appropriate conviction and penalty for these offences.

The following guide explains the differences between these offences, the punishments that may come with conviction, and how a court will determine which crime has been committed.

Common Assault

Under section 39 of the Criminal Justice Act, a common assault occurs when an individual assaults or commits a battery against another person. A battery refers to the use of unlawful force, including pushing, slapping or spitting on another person. An assault refers to when one person makes another feel threatened of an immediate force being made against them. Examples of this type of action include raised fists or gestures suggesting physical harm is imminent such as running fingers across the throat. It is not necessary for physical contact to take place in order for a person to be guilty of common assault.

The maximum sentence that can be given for a conviction of common assault is 6 months imprisonment. An alternative option to a prison sentence is the imposing of a community order, a fine or both. Prison sentences are only usually given to people who have caused serious injury to another or when a higher liability is in place. This includes offenders who have previous criminal convictions or in situations where aggravating considerations are present, such as an attack which is racially motivated or a premeditated assault.

Actual Bodily Harm (ABH)

An assault that results in an offender causing actual bodily harm (ABH) to a person is an offence under Section 47 of the Offences Against the Person Act. This section of the Act sets out the definition and liability of ABH, stipulating the level of harm that falls into this type of offence. ABH refers to an assault or battery where physical harm is suffered by a person. It is not a requirement for the harm to have been serious and ABH applied to injuries including scratches, bite marks and bruises.

In order for a person to be convicted of ABH, it must be demonstrated that they applied unlawful force to the victim and there is no requirement to prove that there had been the intention to cause actual bodily harm. For example, if a person is pushed in the chest and they fall backwards and hit their head on the pavement, the offender can still be charged with ABH, even though there wasn't any intent to cause the head injury with their actions.

People convicted of ABH are liable for a maximum sentence of five years in prison as well as a fine. If it is the person's first offence, they are likely to receive a fine, a community order or both. If the offender has previous convictions, they are more liable to be given a prison sentence.

Grievous Bodily Harm (GBH)

Grievous bodily harm (GBH) is a criminal offence which is outlined in Sections 18 and 20 of the Offences Against the Person Act. In order for a conviction of GBH under Section 18 to be given, it must be demonstrated that the victim suffered ‘really serious harm' as a result of the assault. This would include serious assaults such as stabbings. If the intention to commit "really serious harm" is not present, the lesser charge of Section 20 GBH will have been committed, which is "wounding with intent".

The maximum sentence for a conviction of grievous bodily harm (GBH) under Section 20 is five years in prison. However, if a person is convicted of GBH under Section 18 of the Act, the maximum punishment of a life sentence can be given. When determining the appropriate sentence, the level of intent, aggression, harm and aggravating factors will be considered by the judge.