Grievous Bodily Harm (GBH)

About Grievous Bodily Harm (GBH)

Grievous bodily harm (GBH) under Section 20 of the Offences Against the Person Act 1861 is charged where a person unlawfully and maliciously wounds or inflicts grievous bodily harm upon another person. Grievous bodily harm means really serious harm — broken bones, injuries requiring surgery, deep lacerations, permanent scarring, or injuries causing long-term functional impairment. A wound specifically requires a break in both layers of the skin.

Section 20 GBH is an either-way offence carrying a maximum sentence of five years' imprisonment on indictment. It is distinguished from Section 18 (wounding with intent) by the mental element required. For Section 20, the prosecution must prove that the defendant foresaw that some physical harm might result from their actions — they do not need to prove an intention to cause serious injury. This lower threshold means that a single punch which causes a fractured jaw, or a push that results in a serious fall, can lead to a GBH charge.

Sentencing for Section 20 GBH varies significantly based on the nature of the injury, the level of force used, and whether any weapons were involved. At the lower end, suspended sentences or community orders may be appropriate. At the higher end, sentences of three to four years' custody are common. Aggravating factors include group attacks, use of weapons, vulnerability of the victim, and offences committed while on bail or under the influence of alcohol or drugs.

The defence to a Section 20 charge often centres on the level of harm caused, the intent behind the defendant's actions, and whether self-defence applies. A case charged as GBH may properly be an ABH if the injuries, while real, do not reach the threshold of really serious harm. Equally, if the defendant did not foresee that any harm would result — for example, where an injury was genuinely accidental — the mental element of the offence is not made out.

Why Early Representation Matters

The medical evidence is the foundation of every GBH case. We obtain and scrutinise the medical reports, hospital records, and photographs to assess whether the injuries genuinely meet the threshold of really serious harm. Where they do not, we make representations to the CPS to reduce the charge to ABH — a significantly less serious offence with a lower sentencing range.

We also focus on the circumstances of the incident itself. CCTV footage, witness accounts, and forensic evidence often tell a different story from the one presented by the prosecution. In many cases, the defendant was acting in self-defence, was responding to provocation, or was involved in a mutual altercation where both parties were equally responsible. Presenting that context clearly and persuasively is essential.