Understanding the Law of Assault Occasioning Grievous Bodily Harm (GBH) – Section 20

Assault occasioning grievous bodily harm (GBH) under Section 20 of the Offences Against the Person Act 1861 is a serious offence that involves unlawfully and maliciously causing "really serious harm" to another person without the intent to cause such harm. Unlike Section 18 GBH, which requires intent to cause serious harm, Section 20 covers instances where serious injury is inflicted recklessly, rather than deliberately.

At Allen Hoole Solicitors, we have extensive experience representing individuals charged with GBH under Section 20, and our team is well-versed in building strong defences to ensure the best possible outcome for our clients.

The Law of Section 20 GBH

To be convicted of Section 20 GBH, the prosecution must prove that the defendant:

1. Unlawfully wounded or inflicted grievous bodily harm (really serious harm) on the victim.
2. The act was done maliciously, meaning the defendant intended to cause some harm, or was reckless as to whether harm would be caused.

The key difference between Section 20 and Section 18 GBH is that intent to cause serious harm is not required for a conviction under Section 20. This makes Section 20 less severe in terms of potential sentencing but still carries serious consequences, with a maximum sentence of five years imprisonment.

Expert Defence in Section 20 GBH Cases

At Allen Hoole Solicitors, we are committed to providing expert legal representation for individuals facing Section 20 GBH charges. Our approach involves a thorough examination of the facts, early engagement with the prosecution, and exploring all available defences.

Self-Defence

Self-defence is one of the most commonly used defences in GBH cases. If the defendant acted to protect themselves or another person from immediate harm, their actions may be justified. At Allen Hoole, we carefully review CCTV footage, witness statements, and medical evidence to build a strong case showing that the force used was necessary and reasonable in the circumstances. Our experience in successfully advancing self-defence claims has helped numerous clients avoid conviction or receive lesser charges.

Evidential Difficulties and Discontinuation

We have successfully requested that Section 20 GBH cases be discontinued due to evidential difficulties, such as unreliable or inconsistent witness testimony, non-disclosure of evidence by the police, or procedural errors. By carefully scrutinising the evidence, we can often identify weaknesses in the prosecution’s case that may lead to charges being dropped before trial. Our team works closely with our clients to ensure that no stone is left unturned in challenging the prosecution’s evidence.

Mental Health Defences and Expert Reports

In cases where mental health issues play a role, our team has significant experience in representing clients whose mental state may have influenced their actions. We work with leading experts in psychiatry, psychology, and forensics to obtain reports that support the defence. These reports are crucial not only for presenting a mental health defence but also for helping the court consider whether prosecution is in the public interest.

For example, conditions such as diminished responsibility or temporary mental health crises may reduce the severity of the offence or affect the appropriate sentencing. Our team has a deep understanding of how to leverage these defences to protect our clients’ rights and ensure a fair legal process.

The Allen Hoole Advantage

As one of the largest criminal defence firms in the South West of England, we have a distinct advantage in handling complex GBH cases. Our team of experienced solicitor advocates regularly represents clients in both the Magistrates’ Court and Crown Court, providing expert legal advice at every stage of the process.

Our firm has access to some of the most sought-after barristers and forensic experts in the country, ensuring that our clients benefit from top-tier representation. With our extensive resources and in-depth knowledge of the law, we are able to dedicate the necessary time and attention to every case, maximising the chances of a successful outcome.

If you or someone you know is facing a charge of GBH under Section 20, contact Allen Hoole Solicitors today. We are available 24 hours a day, 365 days a year to provide expert legal advice and representation across the South West of England. Our experienced team is here to help you navigate the complexities of the legal process and achieve the best possible outcome for your case.