Being accused of grievous bodily harm (GBH) is extremely serious. Whether the charge is under Section 20 or Section 18 of the Offences Against the Person Act 1861, the allegations can feel overwhelming. You may not understand the potential sentence you face, whether you will go to prison, or whether there is any possibility of receiving a suspended sentence. This article offers a detailed explanation of the offence, the sentencing framework, when suspended sentences may be considered, and what steps you can take to strengthen your position.
GBH refers to really serious harm caused to another person. The offence can be charged in two main forms:
GBH can occur in many settings: fights, domestic disputes, street altercations, incidents involving alcohol, disputes between acquaintances, or confrontations that escalate suddenly. The seriousness of the injury tends to distinguish GBH from lesser offences. Examples of injuries that typically amount to GBH include broken bones, significant wounds requiring surgery, permanent scarring, internal injuries, injuries leading to long-term impairment, or severe psychological trauma supported by medical evidence.
Section 20 cases often involve serious injury caused recklessly or during a moment of loss of control. Section 18 cases usually involve deliberate targeting, use of weapons, repeated blows, or circumstances showing clear intent to cause significant harm.
Sentencing for GBH is governed by Sentencing Council guidelines, which set out ranges depending on harm and culpability.
Section 20 GBH carries a maximum sentence of five years’ imprisonment. Section 18 GBH carries a maximum sentence of life imprisonment.
In practice, Section 18 cases typically attract substantial custodial sentences. Section 20 cases have a wider range of outcomes, including suspended sentences in the least serious categories.
Typical sentencing ranges include:
Aggravating factors such as use of weapons, group attacks, targeting vulnerable victims, or offending while on bail increase the sentence. Mitigating factors such as genuine remorse, provocation, or mental health issues may reduce the sentence.
A suspended sentence is a custodial sentence that the court imposes but suspends, meaning the defendant does not go directly to prison. The custodial term must be two years or less. The suspension period will usually be between six months and two years.
While the sentence is suspended, the defendant must comply with requirements imposed by the court. These may include unpaid work, rehabilitation activity requirements, curfews, exclusion zones, residence requirements, drug or alcohol treatment, supervision by probation, or other conditions. The defendant must also not commit further offences.
If the defendant complies fully during the suspension period, the custodial term will not be activated. If they breach the conditions or commit further offences, the court will usually activate the custodial sentence.
Suspended sentences are considered only where the court believes custody is appropriate but that the defendant can be punished and rehabilitated in the community.
Whether a suspended sentence is possible for GBH depends on whether the charge is under Section 18 or Section 20. Section 18 GBH is so serious that suspended sentences are exceptionally rare and typically only imposed in truly unusual circumstances. The level of intent and often the severity of injury normally make immediate custody unavoidable.
For Section 20 GBH, however, suspended sentences are more common, especially where the harm is at the lower end of “serious harm”, the defendant’s culpability is low, and there is strong personal mitigation. Cases that involve impulsive actions, limited injury (though still qualifying as GBH), alcohol-related incidents, or situations where the defendant was provoked may be sentenced in a range that allows suspension.
Suspended sentences are more likely when the defendant has no previous convictions, played a minimal role, cooperated with the investigation, pleaded guilty early, showed genuine remorse, or has significant personal mitigation.
Suspended sentences are unlikely in cases where the assault involved a weapon, was part of a group attack, targeted a vulnerable victim, caused permanent or life-changing injury, or was connected to criminal activity such as gang violence.
Courts assess a range of factors relating to both the offence and the individual when determining whether a suspended sentence is appropriate.
Most Section 18 cases result in immediate imprisonment. Section 18 GBH is considered one of the most serious violent offences short of attempted murder because it requires specific intent to cause serious harm. Weapons, premeditation, or sustained violence almost inevitably result in substantial custodial sentences.
Many Section 20 cases also result in immediate custody. Prison is likely where:
However, not all Section 20 cases lead to prison. Some, particularly those involving a single blow, minor fractures, modest psychological harm, or situational triggers, may attract sentences short enough to allow suspension.
There are several important steps you can take to strengthen your mitigation and improve your chances of receiving a suspended sentence.
Facing a GBH charge is extremely stressful, particularly when the consequences can include years of imprisonment. At Stuart Miller Solicitors, we have extensive experience defending clients charged with both Section 18 and Section 20 GBH. We understand the pressure and uncertainty you may be facing and can provide clear, strategic advice tailored to your circumstances. Get in touch with the team today for friendly, non-judgemental advice about your case and advice on next steps.
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