Understanding the Law of Assault Occasioning Actual Bodily Harm (ABH)

Assault occasioning actual bodily harm (ABH) is a serious criminal offence under English law. It is governed by the Offences Against the Person Act 1861 and occurs when someone intentionally or recklessly assaults another person, causing injury that goes beyond minor bruising or discomfort. The injury does not need to be severe but must be more than trivial, such as cuts, bruises, or broken bones. The offence can be tried in either the Magistrates' Court or the Crown Court, depending on its severity, and carries a maximum sentence of five years imprisonment.

At Allen Hoole Solicitors, we have extensive experience in defending individuals charged with ABH. Our dedicated team of solicitors has a strong track record of successfully representing clients in these cases by advancing defences such as self-defence, challenging the evidence, and working to have cases discontinued where appropriate.

Defending ABH Charges

When facing an ABH charge, it is critical to have a proactive defence strategy. At Allen Hoole, we meticulously review the circumstances of each case to develop the most effective approach. We explore all possible defences and work to challenge the prosecution’s evidence.

1. Self-Defence

One of the most effective defences in ABH cases is self-defence. This defence is available when the defendant acted to protect themselves or another person from immediate harm. The force used must be proportionate to the threat faced. Our team has successfully advanced self-defence in numerous cases, using evidence such as witness testimony, CCTV footage, and forensic reports to show that the defendant’s actions were necessary and justified.

2. Evidential Difficulties and Discontinuation

In many cases, we have successfully argued that the prosecution should be discontinued due to evidential difficulties, non-disclosures from the police, or legal irregularities. For the prosecution to secure a conviction, they must prove the case beyond a reasonable doubt. If there are weaknesses in their evidence—such as unreliable witnesses, missing evidence, or procedural errors—we can challenge the validity of the case. Additionally, we have successfully argued in some cases that pursuing an ABH charge is not in the public interest, particularly in cases where the injuries are minor, or the circumstances are exceptional.

3. Mental Health Considerations

Mental health issues can play a significant role in ABH cases, influencing the defendant’s behaviour or their ability to understand the situation. At Allen Hoole, we have a team that specialises in defending clients with mental health conditions. We work closely with expert psychiatrists and psychologists to obtain reports that are relevant both to the defence and to considerations of whether prosecution is in the public interest. These reports can help demonstrate that the defendant’s mental health played a crucial role in the alleged incident and that alternative measures may be more appropriate than criminal prosecution.

The Allen Hoole Advantage

As one of the largest criminal defence firms in the South West of England, Allen Hoole Solicitors is uniquely positioned to provide top-tier representation in ABH cases. Our team of highly experienced Magistrates' Court solicitor advocates has extensive knowledge of the court systems across the South West, and our size allows us to dedicate the necessary time and resources to each case. This gives us a significant advantage when preparing defences, negotiating with the prosecution, and representing clients in court.

Our in-depth knowledge of criminal law and our experience in dealing with serious assault cases ensures that we provide comprehensive, effective representation for clients facing ABH charges. In addition, we have strong working relationships with some of the most sought-after barristers and forensic experts, allowing us to provide a multi-disciplinary approach to every case.

If you or someone you know has been charged with assault occasioning actual bodily harm, contact Allen Hoole Solicitors today. We are available 24 hours a day, 365 days a year, and our expert team is here to provide the legal advice and representation you need.