Understanding the Law of Assault Occasioning Grievous Bodily Harm (GBH) – Section 18

Assault occasioning grievous bodily harm (GBH) under Section 18 of the Offences Against the Person Act 1861 is one of the most serious non-fatal offences in English law. It applies when an individual unlawfully and maliciously inflicts grievous bodily harm on another person with intent to cause serious harm. GBH under Section 18 is distinct from Section 20 GBH, as it specifically requires intent to cause really serious harm, making it more severe. Convictions under Section 18 can result in a life sentence, with the actual length depending on the circumstances of the case.

At Allen Hoole Solicitors, we have extensive experience in defending individuals charged with GBH under Section 18, particularly in cases involving knife crime and gang-related violence. Our expertise ensures that every client receives a robust defence tailored to the specifics of their case.

The Law of Section 18 GBH

To secure a conviction under Section 18, the prosecution must prove:

1. The defendant unlawfully wounded or inflicted grievous bodily harm (serious injury) on the victim.
2. The defendant did so with intent to cause serious harm or to resist or prevent arrest.

This requirement of intent sets Section 18 apart from Section 20, making it a much more serious offence. Examples of grievous bodily harm include broken bones, deep wounds, or injuries that result in permanent disability or disfigurement.

Expert Defence in Section 18 GBH Cases

Facing a charge of GBH under Section 18 can be life-altering, and it requires an expert legal team to ensure that all possible defences are explored. At Allen Hoole, we have successfully represented numerous clients charged with serious violent offences, including those involving knife crime and gang violence. Our approach includes building a comprehensive defence based on the facts of the case and any potential legal irregularities.

Self-Defence

Self-defence is one of the most commonly used defences in Section 18 GBH cases. If the defendant acted to protect themselves or someone else from an imminent threat, they may have been justified in their actions. We carefully gather evidence, such as CCTV footage, witness statements, and medical reports, to demonstrate that the defendant’s actions were reasonable and necessary under the circumstances.

Evidential Difficulties and Discontinuation

In many cases, we have successfully requested that charges be discontinued due to evidential difficulties, non-disclosures by the police, or procedural errors. The prosecution must prove the case beyond a reasonable doubt, and any gaps or inconsistencies in their evidence can be grounds for the case to be dropped. At Allen Hoole, we meticulously scrutinise the prosecution’s case to identify weaknesses that can lead to the dismissal of charges.

Mental Health Defences and Expert Reports

Mental health can play a significant role in Section 18 GBH cases, influencing the defendant’s intent and their ability to control their actions. At Allen Hoole, we have a team of experts who specialise in representing clients with mental health conditions. We work closely with forensic psychiatrists and psychologists to obtain reports that can support a defence based on diminished responsibility or temporary mental incapacity.

These reports can also be vital when determining whether prosecution is in the public interest. We ensure that our clients’ mental health is fully considered throughout the legal process, particularly in cases involving serious charges like Section 18 GBH.

The Allen Hoole Advantage

As one of the largest criminal defence firms in the South West of England, Allen Hoole Solicitors is uniquely equipped to handle complex Section 18 GBH cases. Our firm has a team of highly experienced Crown Court solicitor advocates, and our extensive resources allow us to dedicate significant time and attention to each case. We also have access to some of the most sought-after specialist barristers in this area of law, providing our clients with top-tier representation in the courtroom.

Our close working relationships with forensic experts in psychiatry, psychology, and forensic science give us a distinct advantage in building strong, multi-disciplinary defences for our clients. Whether the case involves mental health concerns, challenges to evidence, or legal irregularities, we have the expertise and experience to navigate these complex issues effectively.

If you or someone you know is facing a charge of GBH under Section 18, contact Allen Hoole Solicitors today. Our team is available 24 hours a day, 365 days a year to provide expert legal advice and representation. With a proven track record in defending serious violent offences, we are here to help you achieve the best possible outcome.