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What Is A Section 18 Assault?

View profile for James O'Donnell
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  • Partner Crime - Serious Cases/Appeals

The Offences against the Person Act 1861 covers a wide range of assault offences. This includes ‘Section 18 assaults’.

In Brief

A Section 18 Assault, also known as "GBH with intent," is a serious criminal offence under the Offences against the Person Act 1861. It involves causing Grievous Bodily Harm (really serious harm) or wounding with a specific intent to do so. Unlike Section 20 GBH, where harm may be caused recklessly, Section 18 requires proof that the defendant deliberately set out to cause grave injury or to resist arrest.

  • Examples of Section 18 Injuries: These include life-threatening wounds, broken bones, permanent disfigurement, or serious psychiatric injury. Use of weapons (knives, bottles), targeting the head, or repeated attacks are often cited as evidence of intent.

  • Sentencing Guidelines: Section 18 is an "indictable-only" offence, meaning it is always tried in the Crown Court. The maximum sentence is life imprisonment, with a minimum term of two years' custody for lower culpability cases.

  • Section 18 vs. Section 20: The critical differentiator is intent. Section 18 carries much harsher penalties because the prosecution must prove the defendant specifically intended to cause serious harm, whereas Section 20 only requires proof that the defendant acted recklessly.

  • Culpability Factors: High culpability is determined by factors like significant planning, use of a highly dangerous weapon, strangulation, or a leading role in a group assault.

  • Mitigating Factors: Sentences may be reduced if the defendant acted in "excessive self-defence," has no prior convictions, or suffers from a mental disorder linked to the offence.

  • Early Guilty Plea: Indicating a guilty plea at the first stage (Magistrates' Court) can lead to a one-third reduction in the final sentence.

Section 18 assaults are a form of grievous bodily harm (GBH). More specifically, Section 18 assaults refer to causing GBH with intent or wounding with intent to commit GBH.

In the following article, we discuss what Section 18 Assaults involve, how Section 18 assault sentencing guidelines work and what options may be available to you if you are charged with Section 18 assault.

While we hope this information is useful, please note, it should not be taken as legal advice. If you have been accused of, or charged with, Section 18 assault, then please get in touch and our team can advise you.

What is grievous bodily harm?

Grievous bodily harm (GBH) is really serious bodily harm. If a GBH case goes to court, it will be up to the jury to decide whether any injuries that have been caused in an assault are ‘really serious’.

Injuries that could be considered GBH include any that result in disability, disfigurement, broken bones, substantial loss of blood or serious psychiatric injury.

What is an example of a Section 18 case?

There are a wide range of potential examples of Section 18 assaults. They could include, but are certainly not limited to:

  • Causing a visual disfigurement
  • Striking someone with a blunt or heavy object
  • Assaulting someone with a sharp object, such as a knife or broken bottle
  • Kicking or punching someone in the head
  • Throwing acid on someone
  • Deliberately running someone down with a vehicle
  • Breaking someone’s skin (e.g. with teeth)

Section 18 injuries can be caused in a fight or by group action. Section 18 injuries can be caused by stabbing or by the use of a weapon or corrosive substance, as well as being caused by using vehicles intentionally to cause injuries.

What are the points to prove under Section 18?

For something to fall under the parameters of Section 18, it needs to be demonstrated that the defendant intended for an act to wound or cause GBH. Nothing less than an intention to produce that result will be sufficient for a cause to be a Section 18 assault.

Factors that could indicate that there was clear intention could be evidence of a repeated or planned attack, deliberate selection or adaptation of a weapon, or targeting a victim’s head with an offence weapon or a kick.

What is a Section 20 assault?

There can be some confusion over the difference between Section 18 and Section 20 assaults, owing to the fact that both relate to GBH. The difference between the two hinges on the issue of intention. Where serious bodily harm has been caused, but the intent to do so cannot be proven, Section 20 assault may apply.

What are the sentencing guidelines for Section 18 assault?

Section 18 prison sentences vary depending on a wide range of factors. When presiding over a case, the courts will assess the culpability of the offender and the harm caused by the alleged offence.

Culpability is divided into three categories for Section 18 assault with intent:

  • A – High culpability
    • Significant degree of planning or premeditation
    • Victim obviously vulnerable due to age, personal characteristics or circumstances
    • Use of a highly dangerous weapon or weapon equivalent
    • Strangulation/suffocation/asphyxiation
    • Leading role in group activity
    • Prolonged/persistent assault
    • Revenge
  • B – Medium culpability
    • Use of a weapon or weapon equivalent which does not fall within Category A
    • Lesser role in group activity
    • Cases falling between category high and low culpability because:
      • Factors in both high and lesser categories are present which balance each other out; and/or
      • The offender’s culpability falls between the factors as described in high and lesser culpability
  • C – Lesser culpability
    • No weapon used
    • Excessive self defence
    • Offender acted in response to prolonged or extreme violence or abuse by victim
    • Mental disorder or learning disability, where linked to the commission of the offence

Harm is also divided into three categories for Section 18 assault:

  • Category 1
    • Particularly grave or life-threatening injury caused
    • Injury results in physical or psychological harm resulting in lifelong dependency on third party care or medical treatment
    • Offence results in a permanent, irreversible injury or psychological condition which has a substantial and long-term effect on the victim’s ability to carry out their normal day to day activities or on their ability to work
  • Category 2
    •  Grave injury
    • Offence results in a permanent, irreversible injury or condition not falling within Category 1
  • Category 3
    • All other cases of really serious harm
    • All other cases of wounding

Additional aggravating and mitigating factors can also be taken into consideration, which can increase or decrease the severity of the sentence handed out depending on the circumstances.

What is the minimum sentence for a Section 18 assault?

Where culpability and harm are low, the minimum sentence you can receive for a Section 18 assault is two years’ custody.

What is the maximum sentence for a Section 18 assault?

The maximum sentence you can receive for a Section 18 assault is life imprisonment.

Can you get bail for Section 18?

If you are accused of a Section 18 assault, you can be released on pre-charge bail (also just known as being released on bail). This will be while the police make a charging decision.

While you are released on pre-charge bail, you may be subject to various bail conditions, such as not being able to go to certain places, or having to visit the police station at specific times.

To find out more in relation to pre-charge bail, please use the links provided below:

Credit for guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings for a Section 18 assault, you could receive a reduction from 1/3 of a penalty.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

What can I do if I’m accused or charged with Section 18 assault?

If you are accused or charged with a Section 18 assault, it is vital that you work with a specialist criminal defence solicitor. This can be the difference between avoiding charges, or having a sentence reduced if conviction is unavoidable.

At JD Spicer Zeb, our expert criminal defence solicitors have over 45 years of experience in handling all manner of criminal law matters, including those related to Section 18 assaults. Our high level of expertise is reflected through our Law Society accreditation in Criminal Litigation.

We know exactly what is required to build the strongest possible defence against allegations of Section 18 assault, including the types of evidence that will be required, such as forensics, digital evidence and witness testimony. We will be able to identify any flaws in the case against you and make sure that any evidence needed to support your defence is highlighted.

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

If you are facing a Section 18 assault charge, we are here to provide you with the support you need.

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Fees and funding

When you come to us for support, we are always transparent about the legal costs involved.

If you need to attend court for your case, legal aid public funding will be available in certain cases. This will be based on the seriousness of the case and whether it justifies the grant of public funding.

For clients who do not qualify for legal aid public funding, the alternative will be to fund a case on a private basis.

To find out more about the way we handle fees (both legal aid public funding and private fees) for Section 18 assaults, 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 Section 18 police charges, 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 Section 18 charges

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for Section 18 assault charges.

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