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ABH vs GBH: Which offence is more serious?

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ABH and GBH are two very serious offences. However, there are important distinctions between the two which are reflected in the severity of the potential sentences that can be handed out to anyone convicted.

Given the similarities between the two offences, people often wonder which is more serious. Here, we discuss the difference between ABH and GBH, and seek to give you a better understanding of the offences.

While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support with allegations of ABH or GBH, then please get in touch and our team can advise you.

What's the difference between ABH and GBH?

ABH

ABH stands for Actual Bodily Harm. It is the offence which describes an assault which has caused ‘some hurt or injury’ to an alleged victim. Where there is an allegation of physical injury, the injury in question does not need to be serious or permanent. However, the injury must have caused a degree of pain or discomfort. In cases involving psychological injury, the injury must be more serious than fear or anxiety.

Importantly, a person does not have to intend to cause harm or injury to commit ABH. All that is required for ABH is an intention to cause another to apprehend immediate unlawful force, or a recklessness as to whether this would occur.

GBH

GBH stands for Grievous Bodily Harm. This offence describes an assault which has caused serious harm. In terms of physical injuries that may be considered GBH, this includes permanent disability, disfigurement, broken bones, transmission of an infection, and substantial loss of blood (e.g. where a transfusion is needed). However serious psychiatric injury may also constitute GBH.

There are two offences which fall under the bracket of GBH, which are separated by whether there was any intention to cause GBH:

  1. Unlawful wounding or inflicting grievous bodily harm – section 20 of the Offences Against the Person Act 1861.
  2. Causing grievous bodily harm or wounding with intent to do grievous bodily harm – section 18 of the Offences Against the Person Act 1861.

The section 18 GBH offence is more serious than the section 20 GBH offence.

What is the sentence for ABH?

The maximum sentence for ABH is 5 years’ imprisonment. However, where the ABH is racially or religiously aggravated, the sentence can be up to 7 years’ custody.

What is the sentence for GBH?

The sentence for GBH varies depending on which form of GBH you are convicted of.

The maximum sentence for unlawful wounding or inflicting grievous bodily harm (section 20) is 5 years’ imprisonment. Like with ABH, this rises to 7 years’ custody if the GBH is racially or religiously aggravated.

The maximum sentence for GBH or wounding with intent (section 18) is life imprisonment.

What's worse, ABH or GBH?

Given that GBH involves more severe injuries and can carry harsher penalties, GBH is typically understood to be the ‘worse’ of the two offences. However, it is important to stress that both offences are extremely serious and can result in lengthy terms of imprisonment for anyone who is convicted.

The likely outcome of an ABH or GBH charge will heavily depend on the circumstances of the case and, importantly, the strength of the criminal defence that has been built.

What should you do if you are accused of ABH or GBH?

If you are accused of either ABH or GBH, it is absolutely essential that you instruct a specialist criminal defence solicitor at the earliest opportunity. This can often be crucial in whether charges are dropped or minimised where conviction is unavoidable.

At J D Spicer Zeb, our criminal defence solicitors have over 45 years of experience in handling the full spectrum of criminal law matters, including cases of ABH and GBH. Our high level of expertise is reflected through our Law Society accreditation in Criminal Litigation.

Our team understand exactly what is required to build the strongest possible defence against allegations of both ABH and GBH, including the types of evidence that are required. This can include forensic and digital evidence and witness testimony. We will be able to clearly identify any flaws in the case against you and ensure that any evidence needed to support your defence is clearly highlighted.

We have a strong track record of success and have established strong relationships with a number of the country’s leading criminal defence barristers.

If you are facing an ABH or GBH charge, we are here to provide you with the support you need.

Related matters

We also provide support and guidance on various matters that are related to both ABH and GBH, including:

Related cases

Fees and funding

Our criminal defence solicitors are always transparent when it comes to fees and funding.

If you need to attend court for your case, Legal Aid may be available in certain cases. This will be based on an assessment of your means and, if your case is in the Magistrates’ Court, whether the grant of public funding is justified.

For clients who do not qualify for Legal Aid, the alternative will be to fund your case on a private basis.

To find out more about the way we handle fees (both Legal Aid and private fees) for ABH and GBH cases, please use the links provided below:

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation for an ABH or GBH charge, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation for ABH and GBH

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for ABH and GBH.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.