Section 39 — Common Assault and Battery
Common assault and battery are the least serious assault offences, triable only in the Magistrates' Court with a maximum of six months' imprisonment. A common assault does not require physical contact — the offence is made out where the victim is caused to apprehend immediate unlawful violence. A battery involves unlawful physical contact without injury being caused. Where the incident has a domestic context, the CPS may pursue prosecution regardless of whether the complainant supports the charge.
Section 47 — Assault Occasioning Actual Bodily Harm
ABH is an either way offence carrying a maximum of five years' imprisonment. It requires injury beyond the trivial or transient — including bruising, swelling, cuts, and injuries requiring medical treatment. It can also include recognised psychiatric injury where supported by appropriate evidence.
Section 20 — Unlawful Wounding or GBH
Section 20 covers unlawful wounding and inflicting grievous bodily harm — an either way offence carrying a maximum of five years. A wound requires a break in both layers of skin. GBH means really serious harm — broken bones, permanent disability, significant blood loss, or serious psychiatric injury. The key distinction from s.18 is intent: s.20 requires only that the defendant acted maliciously in causing some harm.
Section 18 — Wounding or GBH with Intent
Section 18 is the most serious assault offence, tried exclusively in the Crown Court with a maximum sentence of life imprisonment. What distinguishes it from s.20 is specific intent: the prosecution must prove the defendant intended to cause grievous bodily harm or to resist lawful apprehension. Relevant factors include whether the assault was planned, whether a weapon was brought to the scene, and the nature and duration of the attack.
Defences to Assault
The most commonly relied upon defence is self-defence or defence of another. Under section 76 of the Criminal Justice and Immigration Act 2008, a person may use such force as is reasonable in the circumstances as they believed them to be. The defendant is judged on the facts as they genuinely believed, even if that belief was mistaken, provided it was honestly held. Other defences include consent, accident, and duress.
Assault Sentencing
| Offence | Court | Maximum |
|---|---|---|
| s.39 — Common assault / battery | Magistrates' | 6 months |
| s.47 — ABH | Either way | 5 years |
| s.20 — GBH / unlawful wounding | Either way | 5 years |
| s.18 — GBH / wounding with intent | Crown Court only | Life |
| Assault on emergency worker | Either way | 2 years |
What to Do if You Are Arrested or Under Investigation
If you have been arrested, asked to attend a voluntary interview, or released under investigation for an assault offence, do not speak to the police without a solicitor present. You have an absolute right to free, independent legal advice at the police station. The pre-charge stage is often the most critical point in a case — where the evidence is insufficient or a prosecution is not in the public interest, representations can be made to the CPS before any charging decision is taken.