Understanding Actual Bodily Harm: Laws, Offences & Defences

What is ABH?

Facing a charge of Assault Occasioning Actual Bodily Harm (ABH) is serious. ABH is an either-way offence that can be dealt with in the Crown Court and carries a maximum sentence of five years’ imprisonment. However, charges can be successfully defended, reduced or, where appropriate, resolved with effective mitigation that avoids immediate custody. At Old Bailey Solicitors, our specialist criminal defence team has a strong track record in ABH cases at every level.

ABH is an offence contrary to Section 47 of the Offences Against the Person Act 1861. ABH is committed when a person commits an assault (that is, intentionally or recklessly causing someone to fear immediate unlawful violence or applying unlawful force to another) and that the assault caused some injury. ABH can include both physical and psychiatric injury. However, the psychiatric injury must be more than simple emotions of fear, distress or panic, and must usually be supported by medical evidence.

Other types of ABH

In addition to simple ABH, there exist other aggravated forms of the offence. This includes an assault occasioning actual bodily harm that is racially aggravated and an assault occasioning actual bodily harm that is committed against an emergency worker.

Racially or Religiously Aggravated ABH

Racially or Religiously Aggravated Assault Occasioning Actual Bodily Harm an aggravated form of the lead offence that occurs when an assault leading to actual bodily harm is committed, and it is determined that the assault was motivated by racial or religious prejudice or hostility. This offence is treated more seriously than simple ABH.

The prosecution must prove that the offence was motivated (at least in part) by hostility towards the alleged victim’s membership (or presumed membership) of a racial or religious group, or that at the time of the assault, or immediately before or after the assault, the defendant demonstrated towards the victim of the offence hostility based on their membership or presumed membership of a particular racial or religious group.

ABH on an Emergency Worker

The Assault on Emergency Workers (Offences) Act 2018 creates the offence of ABH on an emergency worker. In order to be convicted of this offence, the prosecution needs to prove that an assault occasioning ABH has been committed and that the person who was assaulted was, at the time of the assault, carrying out functions of an emergency worker. It does not matter whether or not they were at work at the time of the assault, for example; an emergency worker who is off duty may still fall within this definition. An emergency worker includes, but is not limited to, a police constable, a prison officer, a paramedic / nurse/ doctor, and includes those who volunteer as well as those in a paid position.

Penalties for ABH

Assault occasioning ABH is triable either way, meaning that it can be dealt with in the Magistrates’ Court or the Crown Court.

If you are convicted of ABH, the sentencing guidelines dictate that you can receive a maximum sentence of up to 5 years imprisonment. The minimum sentence set out in the guidelines is a financial penalty. In arriving at the appropriate sentence, the court takes into consideration the level of harm caused to the victim as well as the culpability of the accused. The sentencing guidelines are categorised into three levels, with Category 1 attracting the maximum penalty.

However, the offence is aggravated if it has a religious or racial component, extending the maximum penalty to 7 years imprisonment under section 29 Crime and Disorder Act 1998.

Defences to ABH

There are a number of defences available to ABH and, whether any of these are applicable to you, depends very much on the facts of the individual case and your instructions about what happened. For example, it may be that there is a significant factual dispute between what you say happened and what the complainant alleges, or, it may be that the prosecution evidence relating to the level of injury does not justify a charge of assault occasioning ‘actual bodily harm’.

There also exist general defences that may, depending on the circumstances of your case, be applicable in defending against an allegation of ABH. Examples of general defences include:

Self-defence

If you have acted in self-defence, you may have a defence against a charge of ABH. Self-defence is applicable when you reasonably believe that you or another person are in imminent danger of harm and the force used is proportionate to the threat faced. To be able to rely on this defence:

1. The force used must be necessary in the circumstances.
2. The force used must be proportionate to the threat faced.
3. The defendant must have genuinely believed that they were in imminent danger, with no alternative means of escape.

Duress

The defence of duress may be applicable in cases involving ABH where the defendant committed the offence as a result of threats or coercion from another person. To be able to rely on this, the defendant must raise the defence and demonstrate that:

1. There was an immediate threat of death or serious injury.
2. They reasonably believed the threat would be carried out if they did not commit the criminal act.
3. A reasonable person in the defendant’s situation would have acted similarly.

Insanity

Where an individual was, at the time of the alleged offence, suffering from a mental health disorder which meant that they were unable to appreciate the nature of the act or that it was wrong,  they may be “not guilty by reason of insanity”. This does not mean that they did not do the act, but that they were more likely thank not insane at the time it was carried out.

The defence that applies to your case depends entirely on the facts. If you are facing an ABH charge, contact our specialist team today on 020 7846 4999 for immediate advice on the options available to you.

How we can help

We defend ABH charges from police station through to Crown Court trial. We have successfully achieved acquittals, secured charge reductions and, where our clients have pleaded guilty, ensured that mitigation is presented as effectively as possible to avoid immediate custody. If you or a loved one are facing an ABH allegation, call us now on 020 7846 4999 or contact our specialist team.