A Guide to Section 20 GBH

At JD Spicer Zeb, we recognise how overwhelming it can be to face a charge under Section 20 of the Offences Against the Person Act 1861 for Grievous Bodily Harm (GBH). This serious offence often involves complex legal terms and significant implications, making expert guidance crucial.

Our dedicated team of experienced criminal defence solicitors specialise in navigating cases involving GBH. We are committed to ensuring you understand the legal process, your rights, and the potential outcomes of your case.

To assist you, we have compiled answers to some of the most commonly asked questions about Section 20 GBH. These answers provide valuable insights into this offence, its legal implications, and the defences available to you.

Drawing on key legal principles, notable case law such as R v Savage (1991) and R v Burstow (1997), and our extensive expertise, we aim to provide you with the knowledge needed to approach your case confidently.

Whether you are looking for guidance on the nature of the offence, the difference between Section 20 and Section 18 GBH, or the sentencing guidelines, we are here to help. Read on to learn more about how JD Spicer Zeb can provide you with the robust representation you deserve.

What is Section 20 Grievous Bodily Harm (GBH)?

Section 20 of the Offences Against the Person Act 1861 defines Grievous Bodily Harm (GBH) as unlawfully and maliciously wounding or causing serious bodily harm to another person, with or without a weapon.

The term "maliciously" means the defendant either intended to cause harm or acted recklessly, foreseeing the risk of harm but proceeding anyway.

Key cases such as R v Cunningham (1957) and R v Savage (1991) clarify that recklessness is sufficient for a conviction, even if the full extent of harm wasn’t intended. Examples include severe injuries, such as broken bones or deep wounds.

If you are facing a GBH charge, our legal experts at JD Spicer Zeb can provide the guidance you need.

What is the difference between Section 20 and Section 18 GBH?

The key difference between Section 20 and Section 18 GBH lies in the level of intent required:

• Section 18 GBH: This is the more serious offence, requiring the defendant to have had a specific intent to cause serious harm. It is often referred to as "wounding with intent" and carries a maximum sentence of life imprisonment.
• Section 20 GBH: This offence includes cases where the harm was caused recklessly or without specific intent. The maximum sentence is five years imprisonment.

Case law such as R v Belfon (1976) showed that there is a higher burden of proof for Section 18, as the prosecution must provide evidence of clear intent to cause grievous harm.

On the other hand, R v Mowatt (1968) demonstrated that recklessness will suffice for a Section 20 conviction.

If you are charged with either offence, it is crucial to seek expert legal advice. Contact JD Spicer Zeb for tailored guidance on your case.

What constitutes 'Grievous Bodily Harm'?

Grievous bodily harm (GBH) refers to very serious harm inflicted on a person. This may include:

• Physical injuries such as broken bones, deep cuts, or significant disfigurement.
• Severe psychiatric injury, as recognised in cases such as R v Ireland (1997), provided it is medically verified.

The harm must be significant and more than minor or short-lived (transient or trifling), as clarified in R v Saunders (1985). Examples include life-altering injuries or long-term physical or mental damage.

If you are dealing with a GBH charge, understanding the severity of the injuries that qualify is vital. JD Spicer Zeb’s legal team is here to offer expert guidance.

What is the Maximum Penalty for a Section 20 GBH Offence?

The maximum penalty for a Section 20 GBH offence under the Offences Against the Person Act 1861 is five years imprisonment.

However, the actual sentence will depend on several factors, including:

• The severity of the injury caused.
• The circumstances of the offence, such as whether a weapon was used.
• Aggravating factors, such as previous convictions or intent to cause fear.
• Mitigating factors, such as remorse or cooperation with authorities.

The sentencing guidelines from the Sentencing Council provide a framework to ensure that there is consistency in determining sentences.

A skilled legal team, like the one at JD Spicer Zeb, can help argue for the most favourable outcome in your case.

Can psychiatric injury be considered GBH?

Yes, psychiatric injury can be classified as Grievous Bodily Harm (GBH) if it is sufficiently severe to be deemed "really serious harm." The courts acknowledge that serious mental health issues can be as debilitating as physical injuries.

This was established in cases such as R v Ireland (1997) and R v Burstow (1997), where the courts confirmed that psychological harm, such as severe anxiety, depression, or post-traumatic stress disorder (PTSD), can meet the threshold for GBH if medically verified.

If psychiatric injury is central to a GBH charge, expert evidence from a psychiatrist or psychologist is often required. For further guidance, please contact the experienced team at JD Spicer Zeb to help you navigate your case.

What is the actus reus of a Section 20 Offence?

The actus reus (physical element) of a Section 20 offence involves:

• Unlawfully wounding: Breaking the continuity of both layers of the skin (dermis and epidermis). Bruises or scratches are insufficient unless the skin is broken.
• Inflicting grievous bodily harm: Causing serious injury, either directly (e.g., striking someone) or indirectly (e.g., setting events in motion that result in harm).

The term "inflicting" was clarified in R v Clarence (1888) and later broadened in R v Burstow (1997) to include indirect harm, such as psychiatric injury. This ensures that harm caused in various ways, whether physical or mental, can satisfy the actus reus of the offence.

Our team at JD Spicer Zeb can help clarify these elements further and build a strong defence tailored to your case.

What is the mens rea of a Section 20 Offence?

The mens rea (mental element) for a Section 20 GBH offence is maliciousness. This means the defendant either:

• Intended to cause some harm, or
• Acted recklessly, foreseeing the risk of harm and proceeding regardless.

Recklessness was clarified in R v Cunningham (1957), which established that the defendant must have foreseen the possibility of causing harm but still chose to act. Importantly, the prosecution does not need to prove intent to cause serious harm—only that some harm was intended or foreseen.

Understanding the mens rea is critical in building a defence, and our legal team at JD Spicer Zeb can provide expert advice tailored to your case.

Can consent be a defence to a Section 20 Charge?

In limited circumstances, consent can be a defence to a Section 20 GBH charge. For example, in properly conducted sports or medical procedures where harm is inherent but controlled.

However, in general, consent is not a valid defence if the harm caused is serious. The courts have consistently ruled that individuals cannot consent to infliction of serious bodily harm.

This was reinforced in R v Brown (1993), where the House of Lords held that consent does not apply in cases of intentional harm beyond what is acceptable in society.

At JD Spicer Zeb, our experienced team can help assess whether consent plays a role in your defence.

What is the difference between GBH and Actual Bodily Harm (ABH)?

The main difference between Grievous Bodily Harm (GBH) and Actual Bodily Harm (ABH) lies in the severity of the injuries:

• ABH involves less serious injuries that typically do not cause lasting damage. Examples include minor fractures, bruising, or temporary loss of consciousness. It is covered under Section 47 of the Offences Against the Person Act 1861.
• GBH, on the other hand, refers to more serious injuries that can have long-term effects. These include broken bones, serious disfigurement, or severe psychiatric injury. GBH is a higher-level offence under Section 20 and Section 18 of the same Act.

The distinction is crucial, as GBH carries more severe penalties, including up to life imprisonment in the case of Section 18.

If you are facing charges related to either offence, understanding these differences is vital. Contact JD Spicer Zeb for expert legal advice tailored to your case.

Can a Section 20 offence be tried in both Magistrates' and Crown Court?

Yes, a Section 20 GBH offence is triable either way, meaning it can be tried in either the Magistrates' Court or the Crown Court. The court where the case is tried will depend on several factors, including:

• The severity of the offence: More serious cases are likely to be sent to the Crown Court.
• Jurisdiction: The Magistrates' Court may choose to accept or decline jurisdiction based on the facts of the case.

If the Magistrates' Court accepts jurisdiction, the defendant still has the option to elect a Crown Court trial. This is particularly important if the defendant believes they might receive a more favourable outcome in the Crown Court, where sentencing guidelines are generally more flexible.

At JD Spicer Zeb, our experienced legal team can advise on the best strategy for your case and guide you through the trial process, whether in the Magistrates' Court or Crown Court.

What Are Some Examples of Actions That Could Lead to a Section 20 Charge?

Examples of actions that could lead to a Section 20 GBH charge include:

• Hitting someone with a blunt object, causing significant injury.
• Inflicting a serious fracture or deep wound.
• Causing severe psychiatric harm, such as anxiety or PTSD.
• Any act that results in serious injury without the intent to cause such harm but with recklessness regarding the risk of injury.

In cases such as R v Savage (1991), the courts upheld that recklessness suffices for a conviction under Section 20, even if the extent of harm was not intended.

If you are facing a Section 20 charge, contact JD Spicer Zeb for expert legal support and advice on your case.

How does the court determine the seriousness of the injury in a Section 20 case?

In a Section 20 GBH case, the court will evaluate several factors to determine the seriousness of the injury:

• Nature and extent of the injury: How severe the physical harm is, including whether it is life-threatening or has long-term consequences.
• Circumstances of the offence: This includes the manner in which the injury was inflicted, such as whether a weapon was used.
• Aggravating and mitigating factors: Elements such as premeditation, the victim's vulnerability, or the defendant's previous criminal history.
• Medical evidence: Expert testimony from healthcare professionals helps establish the injury's severity, including its physical and psychological impact.
• Impact on the victim’s life: The court will consider how the injury affects the victim’s day-to-day life, employment, and overall well-being.

Cases such as R v Saunders (1985) highlight the court’s focus on the injury's significance and how it affects the victim long-term.

JD Spicer Zeb’s legal team can help you understand how these factors might apply to your case and ensure you have the best possible defence.

What should I do if I am charged with a Section 20 offence?

If you are charged with a Section 20 GBH offence, it is important to take immediate action. Here is what you should do:

• Contact JD Spicer Zeb: Our experienced criminal defence solicitors can provide expert advice tailored to your case.
• Understand Your Rights: We will help you navigate the legal process and ensure you are fully informed of your rights at each stage.
• Build a Strong Defence: Our team will carefully assess the evidence, explore potential defences, and craft a strategy to give you the best chance in court.

A prompt response is key, as early intervention can significantly impact the outcome of your case. Contact JD Spicer Zeb for professional legal support and to ensure your case is in safe hands.

Can self-defence be used as a defence to a Section 20 charge?

Yes, self-defence can be a valid defence to a Section 20 GBH charge if the defendant can prove that the force used was reasonable and necessary in the circumstances.

To succeed in this defence, the defendant must demonstrate:

• Genuine belief that they were in imminent danger of harm.
• The response was proportionate to the threat, meaning the force used was not excessive.

Case law such as R v Palmer (1971) and R v Martin (2001) highlights the importance of proportionality in self-defence claims. JD Spicer Zeb’s expert solicitors can assess your case and provide guidance on how best to present a self-defence argument.

What role does intent play in a Section 20 offence?

In a Section 20 GBH offence, intent plays a different role than in Section 18. Unlike Section 18, which requires proof of specific intent to cause serious harm, Section 20 only requires recklessness.

This means the prosecution must show that the defendant foresaw the risk of causing serious harm but proceeded with their actions anyway. The recklessness standard was clarified in R v Cunningham (1957), where it was established that awareness of the risk of harm is sufficient for a Section 20 conviction.

At JD Spicer Zeb, our expert solicitors can help you understand how intent and recklessness apply to your case and develop a strong legal defence.

Can a Section 20 charge be reduced to a lesser offence?

Yes, depending on the circumstances and available evidence, it may be possible to negotiate a plea to a lesser offence, such as Actual Bodily Harm (ABH).

At JD Spicer Zeb, we have extensive experience in successfully securing reductions in charges by making written representations to the Crown Prosecution Service (CPS). This strategy can lead to:

• A lighter sentence.
• A potentially more favourable outcome, depending on the circumstances.

Reducing the charge may be a strategic decision that helps mitigate the consequences of a more serious conviction. Our expert solicitors are adept at negotiating with the CPS to achieve the best possible results for our clients.

What is the process for a Section 20 trial?

The trial process for a Section 20 GBH offence involves several key stages:

• The prosecution's case: The prosecution presents evidence to prove the charge beyond a reasonable doubt. This can include witness testimonies, medical reports, and any other relevant evidence, such as CCTV footage or forensic analysis.
• The defence's case: The defence has the opportunity to challenge the prosecution's evidence, cross-examine witnesses, and present its own case, which may involve presenting counter-evidence or calling witnesses to refute the charges.
• Burden of proof: The prosecution bears the burden of proof, meaning they must prove the defendant's guilt, while the defendant does not need to prove their innocence.

Throughout the trial, the judge will ensure that legal procedures are followed, and the jury (if applicable) will determine whether the defendant is guilty or not guilty based on the evidence presented.

At JD Spicer Zeb, our legal team is highly experienced in guiding clients through each stage of the trial, providing robust defence strategies for Section 20 charges.

What factors can influence the sentence for a Section 20 conviction?

Several factors can influence the sentence for a Section 20 GBH conviction, including:

• The severity of the injury: The more serious the injury (e.g., broken bones, permanent disfigurement, severe psychiatric harm), the harsher the sentence may be.
• Defendant’s intent or recklessness: Whether the harm was caused intentionally or recklessly can impact the sentence, with greater penalties for intentional harm.
• Previous convictions: A defendant’s criminal history can affect the sentence, with repeat offenders often facing harsher penalties.
• Mitigating circumstances: Factors such as the defendant’s personal background, remorse, or any mental health issues at the time of the offence may result in a more lenient sentence.
• Aggravating factors: These might include premeditation, targeting vulnerable victims, or using a weapon, which could increase the sentence.

The court will also consider any relevant plea bargains or early guilty pleas, which could result in a reduction in the sentence.

At JD Spicer Zeb, our solicitors will carefully evaluate all the factors in your case to provide expert guidance and representation, aiming to achieve the best possible outcome.

Can a Section 20 conviction be appealed?

Yes, a Section 20 GBH conviction or sentence can be appealed if there are valid grounds, such as:

• Legal errors or procedural irregularities during the trial.
• New evidence emerging that could significantly impact the outcome.

Appealing a conviction or sentence involves a detailed process, and our expert solicitors at JD Spicer Zeb can guide you through the necessary steps to challenge the decision effectively.

How can JD Spicer Zeb help if I am facing a Section 20 charge?

If you are facing a Section 20 GBH charge, JD Spicer Zeb can provide comprehensive legal support to help you navigate the complexities of your case. Our expert team offers:

• Specialist legal advice tailored to your specific situation.
• Experienced representation on your court date to ensure your rights are protected.
• A thorough investigation of the circumstances surrounding your case to identify key evidence.
• A robust defence strategy aimed at achieving the best possible outcome, whether through negotiation, plea, or trial.

At JD Spicer Zeb, we understand the impact of a Section 20 charge and are committed to providing you with the strongest defence. Contact us today with the details of your case and let us handle the rest.

Contact our Section 20 GBH solicitors today

For urgent specialist advice, immediate representation, or to speak to us confidentially about a criminal case, please do not hesitate to call our dedicated team of police station solicitors and police station representatives in London, Birmingham or Manchester:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 - our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk

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

24/7 legal representation for Section 20 GBH proceedings

In the urgent case that you are arrested or are required to return to a police station, be sure to call us for immediate representation and advice on either our office telephone number or our Emergency Number: 07836 577 556 and we will provide you with all the legal assistance you need.