Grievous Bodily Harm (GBH)

Section 20

An allegation of Grievous Bodily Harm (GBH) under Section 20 is a serious violent offence that carries significant legal consequences. While considered less severe than a Section 18 charge because it does not require proof of intent, a conviction can still lead to a lengthy prison sentence and a permanent criminal record. An investigation or charge can have a major impact on your career, reputation, and personal life. If you are facing an allegation of Section 20 GBH, securing expert legal representation from the very beginning is the most critical step you can take.

At Central Chambers Law, our senior legal consultants are experts in defending individuals against all forms of assault, from common assault to the most serious allegations of violence. We understand the precise legal distinctions between different offences and how to build a strategic defence tailored to the specific facts of your case. Our function is to provide clear, authoritative advice, challenge the prosecution's evidence, and ensure your case is presented with skill and precision.

What is Section 20 GBH? The Legal Definition

The offence of Maliciously Wounding or Inflicting Grievous Bodily Harm is created by Section 20 of the Offences Against the Person Act 1861.

The offence is committed when a person unlawfully and maliciously wounds or inflicts any grievous bodily harm upon another person, either with or without any weapon or instrument.

For the prosecution to secure a conviction, they must prove two key elements beyond a reasonable doubt:

1. The Act: That your actions caused a "wound" or inflicted "grievous bodily harm."
2. The Mental Element: That you acted "maliciously."

Breaking Down the Offence

Understanding each component of the charge is essential for building an effective defence.

"Wound" or "Grievous Bodily Harm"

• Wound: This has a specific legal meaning. It requires a break in both layers of the skin, such as a cut or stab. Internal bleeding or a ruptured blood vessel is not a "wound," but could still be GBH.
• Grievous Bodily Harm (GBH): This is legally defined as "really serious harm." What constitutes "really serious" is a matter for a jury or magistrates to decide based on the facts. It can include broken bones, severe bruising, injuries requiring significant medical treatment, or psychiatric injury that amounts to a recognised clinical condition.

"Maliciously" (Recklessness)

This is the key difference between a Section 20 and a Section 18 offence. For Section 20, the prosecution does not need to prove you intended to cause serious harm. Instead, they must prove you acted "maliciously." In law, this means you foresaw that some physical harm might result from your actions, even if it was only minor, and you took the risk anyway. This is often referred to as recklessness.

The Penalties for a Section 20 Conviction

Section 20 GBH is an "either-way" offence, meaning it can be heard in either the Magistrates' Court or the Crown Court, depending on how serious the case is. A conviction can lead to severe penalties:

• Prison Sentence: The maximum sentence in the Crown Court is five years' imprisonment. Even in the Magistrates' Court, a custodial sentence of up to six months can be imposed.
• Criminal Record: A conviction for a serious violent offence like GBH will result in a criminal record, which can create significant barriers to employment, professional advancement, and international travel.
• Fines and Other Orders: The court can also impose substantial fines, community orders (like unpaid work), and orders to pay compensation to the victim.

Building a Defence to a Section 20 Allegation

An accusation does not automatically lead to a conviction. There are strong defences available, and an expert solicitor will know how to scrutinise the prosecution's case and advance them effectively.

Potential defences include:

• Self-Defence: Arguing that the force you used was a necessary, reasonable, and proportionate response to a threat of violence against yourself or another person.
• Lack of Malice/Recklessness: Demonstrating that you did not foresee that any harm would result from your actions and that the injury was a complete accident.
• Factual Dispute: Contesting the prosecution’s version of events, arguing that you were not the person responsible for the injury, that the incident has been misreported, or that you have been wrongly identified.
• Challenging the Injury: Arguing that the injury sustained does not meet the legal definition of a "wound" or "grievous bodily harm." This often involves a close analysis of the medical evidence.

Why Central Chambers Law Provides the Definitive Defence

Defending a GBH allegation requires a legal team with the expertise to meticulously analyse evidence, from medical reports to witness statements, and the advocacy skills to present a powerful case in court.

Clients trust Central Chambers Law because we provide a strategic, non-judgmental, and forensically detailed defence. Our reputation is built on our ability to deconstruct the prosecution's case and find the weaknesses that can lead to a successful outcome. Our approach involves:

• Immediate, Expert Advice: From the first phone call, we provide clear, confidential advice to protect your legal position, especially if you are facing a police interview under caution.
• Forensic Evidence Analysis: We rigorously examine every piece of evidence, including medical reports, witness statements, CCTV footage, and forensic findings, to identify inconsistencies in the prosecution's narrative.
• Proactive Defence Strategy: We do not simply react. We proactively build your case, tracing defence witnesses and gathering evidence that supports your account of events and challenges the prosecution’s claims.
• Skilled Courtroom Advocacy: Our highly experienced advocates are masters of cross-examination. We know how to challenge the complainant's and other witnesses' testimony effectively and present your case to a judge and jury with clarity and persuasion.

Our focused expertise means we are perfectly equipped to provide the intelligent and robust representation needed to defend your liberty and your good name.

Protect Your Future with Immediate Legal Advice

If you have been arrested, charged, or are under investigation for Section 20 GBH, you are facing a serious legal situation. Every decision you make from this point forward is critical. You must not face this process alone.

Contact our expert criminal defence solicitors immediately for an urgent and confidential consultation. Taking immediate action is the most important step towards building a strong defence.

‍