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Criminal Defence Articles

WHAT SHOULD I DO IF I’M ARRESTED OR CHARGED FOR ACTUAL BODILY HARM?

Being accused of actual bodily harm, often referred to as ABH, is a daunting experience that can leave you feeling anxious, confused, and unsure of what steps to take next. Many people in this situation have little or no experience with the criminal justice system and may not know what their rights are, what the process involves, or how best to protect themselves. If you are facing an allegation of ABH, you need to understand what the offence involves, what your options are, and how a criminal defence solicitor can help you at every stage.

Do I need a solicitor for actual bodily harm?

Actual bodily harm is an offence created by Section 47 of the Offences Against the Person Act 1861. The law states that it is an offence to assault another person and cause them actual bodily harm, which means any injury that is more than merely transient or trifling. This can include bruises, cuts, or psychological harm, provided it is more than minor. Because ABH is a serious allegation, it is highly advisable that you have a solicitor representing you from the earliest possible stage.

A solicitor will protect your legal rights during the police investigation, advising you on whether to answer questions or remain silent in interviews. This guidance is vital, as anything you say can be used as evidence and may affect your defence. Without a solicitor, you risk saying something that could harm your case.

They will also review the evidence against you, checking for weaknesses or inconsistencies in witness statements, medical reports, or CCTV, and may gather evidence to support your defence. A solicitor can negotiate with the police or prosecution, sometimes getting charges reduced or dropped if the evidence is weak or there are mitigating factors.

If your case goes to court, your solicitor will represent you, prepare your defence, and guide you through the process, ensuring your interests are protected. Since a conviction for ABH can lead to prison, a criminal record, and damage to your reputation, a solicitor will work to avoid a conviction or seek the most lenient outcome possible.

What are possible defences for actual bodily harm?

 The prosecution must prove you intentionally or recklessly assaulted someone, causing more than minor harm. Possible defences include:

  • Self-defence, if you used reasonable force to protect yourself or someone else.
  • Accident, where the injury was not caused deliberately or recklessly.
  • Mistaken identity, if you were not the person who caused the harm.
  • Lack of intent or recklessness, if you did not mean to cause harm or could not have foreseen it.
  • Defence of another, if you acted to protect someone else from harm.
  • Challenging the evidence, such as questioning the reliability of witnesses or the medical findings.

A solicitor will review the evidence and advise you on the most appropriate defence for your situation.

Will I get bail for actual bodily harm?

If you are arrested for actual bodily harm, the police will decide whether to release you on bail or keep you in custody while they investigate. If you are charged, the court will then decide whether to grant you bail until your trial or remand you in custody. The decision to grant bail depends on several factors, and it is important to understand how the process works.

The court will consider the seriousness of the offence, your previous criminal record, your ties to the community, and the risk that you might fail to attend court, commit further offences, or interfere with witnesses or the investigation. In ABH cases, the court will look at the circumstances of the alleged assault, the level of harm caused, and whether there are any aggravating factors, such as the use of a weapon or an attack on a vulnerable person.

Bail may be granted with conditions to address any risks identified by the court. These conditions can include living at a particular address, not contacting the alleged victim or witnesses, surrendering your passport, observing a curfew, or reporting regularly to the police. If the court believes that the risks cannot be managed by conditions, they may refuse bail and remand you in custody until your trial.

Will I have to go to court if I’m arrested or charged for actual bodily harm?

If you are charged with actual bodily harm, you will almost certainly have to attend court. ABH is an either-way offence, which means it can be tried in either the Magistrates’ Court or the Crown Court, depending on the seriousness of the case and your previous record. Your first appearance will usually be in the Magistrates’ Court, where the court will decide whether your case should stay there or be sent to the Crown Court for trial or sentencing.

You will be required to enter a plea of guilty or not guilty at your first court appearance. If you plead not guilty, the court will set a date for your trial and may impose bail conditions or remand you in custody. If you plead guilty, the court will either sentence you immediately or adjourn the case for reports. In some cases, the Magistrates’ Court may decide that its sentencing powers are insufficient and send your case to the Crown Court for sentencing.

You must attend all court hearings as required. If you fail to attend without a good reason, the court may issue a warrant for your arrest, and this could make your situation worse. A solicitor will ensure that you understand the court process, help you prepare for your hearings, and represent you at every stage.

Will I go to jail if found guilty of actual bodily harm?

The sentence for actual bodily harm depends on a range of factors, including the seriousness of the offence, your personal circumstances, and any aggravating or mitigating features. The maximum sentence for ABH in the Crown Court is five years’ imprisonment, but not all convictions result in a custodial sentence.

The court will consider the level of harm caused to the victim, whether a weapon was used, whether the assault was premeditated or spontaneous, and whether there were any aggravating factors, such as an attack on a vulnerable person or in the context of domestic violence. The court will also take into account your previous convictions, your age, your personal circumstances, and any evidence of remorse or steps taken to address your behaviour.

Sentences for ABH can range from a community order, such as unpaid work or a rehabilitation programme, to a suspended sentence or immediate custody. The Sentencing Council provides guidelines to help the court decide on the appropriate sentence, but each case is considered on its own facts.

Will I go to jail if it’s my first offence of actual bodily harm?

If this is your first offence of actual bodily harm, the court will take your lack of previous convictions into account when deciding on sentence. First-time offenders are generally less likely to receive an immediate custodial sentence, especially if the harm caused was at the lower end of the scale and there are strong mitigating factors, such as provocation, self-defence, or genuine remorse.

However, the court will still consider the seriousness of the offence and any aggravating features. If the assault was particularly violent, involved a weapon, or caused significant harm, a custodial sentence may still be imposed, even for a first offence. On the other hand, if the offence was out of character, you have a good record, and there are positive aspects to your personal circumstances, the court may be persuaded to impose a community order or a suspended sentence instead of immediate custody.

A solicitor can advise you on steps you can take before sentencing, such as engaging in voluntary work or attending anger management courses, to show the court that you are taking responsibility for your actions.

Can I get Legal Aid for actual bodily harm?

Legal Aid is available for those facing a charge of actual bodily harm, but you must satisfy both the merits test and the means test. The merits test considers whether it is in the interests of justice for you to have legal representation. In ABH cases, this is usually satisfied because the offence is serious, there is a risk of imprisonment, and the legal issues can be complex.

The means test looks at your financial situation, including your income, savings, assets, and household circumstances. If your income is below a certain threshold and you do not have significant savings or assets, you are likely to qualify for Legal Aid. The assessment takes into account your earnings, any benefits you receive, your partner’s income, and the number of dependents in your household. If your income is above the threshold, you may have to make a contribution towards your legal costs, or you may not qualify for Legal Aid at all.

If you feel intimidated by the application, remember that a solicitor can help you complete it, ensure that all relevant information is provided, and advise you on your eligibility. They can also help you gather the necessary documents, such as payslips, bank statements, and proof of benefits, to support your application.

Where to get more help

If you are facing an allegation of actual bodily harm, get expert legal advice as soon as possible. Stuart Miller Solicitors are experienced criminal defence specialists who can guide you through every stage of the process, from police interview to court hearings. We offer a free consultation to discuss your case and explain your options. Contact the team at Stuart Miller Solicitors today to get the support and representation you need.

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