Common Assault, ABH and GBH

At Kelly Blake Legal, we understand how daunting it can be to face an allegation of assault. Whether the allegation involves words, a single act of violence, or more serious injuries, it’s important to understand how the law categorises and treats different levels of harm. Here’s a breakdown of the key assault offences in England and Wales.

What is Assault?

Assault encompasses a wide range of behaviours – from verbal threats to severe acts of violence. The law governing these offences is largely found in the Offences Against the Person Act 1861 and the Criminal Justice Act 1988.

The three most common categories are:

Common Assault

Common assault occurs when a person intentionally or recklessly causes another to fear immediate unlawful violence. This does not always involve physical contact – threatening words or gestures alone (such as a raised fist) can be enough.
Even spitting at someone is considered a form of common assault.

Key points:

• No physical injury is necessary

• Includes threats and minimal force

• Often charged under section 39 of the Criminal Justice Act 1988

Actual Bodily Harm (ABH)

ABH refers to an assault that causes some form of physical or psychological injury that is more than transient or trifling. While the injuries need not be permanent, they must go beyond minor discomfort.

Examples include:

• Bruising, scratches or swelling

• Minor fractures or black eyes

• Psychiatric harm that is medically recognised

Charged under section 47 of the Offences Against the Person Act 1861, ABH is treated more seriously than common assault.

Grievous Bodily Harm (GBH) / Wounding

GBH involves serious bodily harm, such as deep wounds, broken bones, or other significant injuries. GBH can also include serious psychiatric injury or even the transmission of infections in some cases.

Wounding, on the other hand, specifically refers to breaking the skin. It doesn’t need to be a life-threatening injury but must involve actual breaks in the outer skin layer or internal linings.

There are two levels:

• Section 20 GBH/wounding (without intent): Involves recklessness as to causing serious harm

• Section 18 GBH/wounding (with intent): Involves a clear intention to cause serious harm or resist arrest

Section 18 offences carry the most severe consequences, including lengthy custodial sentences.

Defending an Allegation: Self-Defence

Self-defence is a commonly raised defence in assault cases. To succeed, it must be shown that:

• You were faced with a threat of unlawful force

• You reasonably believed you were in danger

• Your response was proportionate in the circumstances

Providing a full and clear account at the earliest opportunity, especially during the police interview stage, significantly increases the chances of having the matter dropped or not charged at all.