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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.
What is grievous bodily harm (GBH)?
GBH refers to really serious harm caused to another person. The offence can be charged in two main forms:
- Section 20 GBH (inflicting GBH) requires the prosecution to prove that serious harm was caused and that the defendant either intended or was reckless as to causing some harm. It does not require proof of intent to cause serious injury.
- Section 18 GBH (causing GBH with intent) requires proof that the defendant intended to cause serious injury. This is the most serious form of non-fatal assault under English law, second only to attempted murder.
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.
What are the usual sentences for GBH?
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:
- For Section 18 GBH, high-culpability cases involving weapons, planning, sustained assaults, or vulnerable victims often attract sentences of between six and 16 years’ custody. Lower-culpability Section 18 cases may still attract sentences in the range of three to seven years.
- For Section 20 GBH, the sentencing range is broader. Category 1 cases, involving significant harm and high culpability, often result in sentences between two and four years’ custody. Category 2 cases may attract sentences between six months and two years. Category 3 cases, involving lower harm or culpability, may result in community orders to around 12 months’ custody. It is within this lowest range that suspended sentences are more commonly considered.
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.
What is a suspended sentence and how does it work?
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.
Can GBH result in a suspended sentence?
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.
What factors do courts consider when deciding on a suspended sentence for GBH?
Courts assess a range of factors relating to both the offence and the individual when determining whether a suspended sentence is appropriate.
- Level of injury. More serious injuries reduce the likelihood of suspension.
- Section 18 intent-based cases almost always result in immediate custody.
- Use of weapons. The presence or use of weapons significantly reduces the chances of suspension.
- Number of blows. Repeated assaults increase culpability.
- Victim vulnerability. If the victim was particularly vulnerable, custody is more likely.
- If the defendant was provoked or acted in a moment of emotional stress, mitigation may apply.
- Defendant’s role. Defendants who acted impulsively or played a minor role may be treated more leniently.
- Mental health. Conditions such as anxiety, depression, or PTSD may be relevant if they contributed to the incident.
- Addiction issues. Evidence of active treatment can support mitigation.
- Previous convictions. A clean record supports suspension – violent histories do not.
- Genuine remorse can substantially influence the sentence.
- Prospects of rehabilitation. Stable employment, education, or family responsibilities may persuade the court that immediate custody is unnecessary.
How serious does the offence have to be for a prison sentence for GBH?
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:
- The injury was significant or permanent
- Weapons were used or threats with weapons were made
- The assault was prolonged or repeated
- The victim was particularly vulnerable
- The defendant has a history of violence
- The defendant was on bail at the time of the offence
- The incident took place in a public context that caused wider harm, such as a bar, street, or transport setting
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.
What can I do to improve my chances of getting a suspended sentence for GBH?
There are several important steps you can take to strengthen your mitigation and improve your chances of receiving a suspended sentence.
- Seek specialist legal representation. Skilled defence solicitors can assess the evidence, negotiate with the prosecution, and prepare robust mitigation.
- Provide a detailed and honest account. Explaining the context, any provocation, and your intentions can assist the court in assessing culpability.
- Demonstrate remorse. Courts respond positively to defendants who show genuine insight into their behaviour.
- Obtain strong character references. Letters from employers, community leaders, or family can demonstrate that the offence was out of character.
- Address underlying issues. Engaging in counselling, addiction support, anger management, or mental health treatment can demonstrate proactive rehabilitation.
- Provide evidence of positive personal circumstances. Employment, caring responsibilities, and community involvement can help persuade the court that immediate custody is not necessary.
- Engage in constructive activities. Voluntary work, training, or personal development can reduce perceived risk.
- Enter an early guilty plea if appropriate. This can reduce the sentence significantly and may bring it within the suspended range.
Where to get more help
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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