What is Grievous Bodily Harm (GBH)?

GBH is the unlawful or malicious use of force against a person which then causes significant damage to the body or really serious harm. Within this, you’ll have section 18 GBH where there was an intention to cause that level of harm and section 20 where there is not (but they should be able to foresee some harm coming from the incident). So, if in a fight you grab a bat and hit another person with it causing significant harm then it will likely be charged under section 18. If, however in a different fight you tackle someone to the ground and in that action, they hit their head causing significant harm it may be charged under section 20.

What’s the difference between ABH and GBH?

It is the severity of harm, including psychological harm, which determines whether the offence will be ABH or GBH. ABH can be surmised as harm which may affect the health or comfort of the victim, whereas GBH amounts to really serious harm. Both offences can be committed intentionally or recklessly, and it is this which will have a severe effect on the sentence.

What are the Sentencing Guidelines for GBH

The guidelines for GBH range from 2 years through to life imprisonment but typically range between 2 and 16 years.

The length of the sentence will depend on a number of different criteria:

  • Whether you are charged with Section 20 GBH (up to 7 years) or Section 18 (Life but typically up to 16 years)
  • The degree of planning
  • Use of any highly dangerous weapons
  • The vulnerability of the victim
  • The role in the group activity
  • The intention of the attack
  • Whether particularly grave or life-threatening injury occurred

What should you do if you've been charged for GBH?

If you or a family member are accused of GBH you should seek legal advice immediately. It is vital that you receive the best advice possible and provide as much detail of the facts of your case as you can to ensure the right result for you.

At MK Law we have a wealth of experienced and skilled defence solicitors and advocates committed to providing you with the best advice and representation you can get, from the police station to the court room.