Criminal Law
Barristers for Assault, ABH and GBH Charges
Advice and advocacy on common assault, actual bodily harm, section 20 and section 18 GBH, affray and assaults on emergency workers, including self-defence cases.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
The word assault covers a ladder of offences, and which rung you are charged on matters enormously. Common assault and battery under section 39 of the Criminal Justice Act 1988 are summary-only, so they stay in the Magistrates' Court. Assault occasioning actual bodily harm (section 47 of the Offences Against the Person Act 1861) and unlawful wounding or inflicting grievous bodily harm (section 20) are either-way offences. Wounding or causing GBH with intent under section 18 is indictable-only and is always tried in the Crown Court. Affray under section 3 of the Public Order Act 1986, non-fatal strangulation under section 75A of the Serious Crime Act 2015, and assaults on emergency workers under the Assaults on Emergency Workers (Offences) Act 2018 sit alongside these.
The difference between the charges usually turns on two things: the injury and the state of mind. A bruise or graze may be charged as common assault or ABH depending on the circumstances, a broken bone or a wound that breaks both layers of the skin can be GBH or wounding, and the gap between section 20 and section 18 is whether the prosecution can prove an intention to cause really serious harm rather than merely foreseeing some harm. Medical records, photographs, the mechanism of injury and expert evidence are often where those arguments are won. The CPS has published charging guidance on offences against the person, and it is not unusual for a charge to be reduced, or for an alternative plea to be accepted, once the evidence is properly analysed.
Many assault cases are really about self-defence. Under section 76 of the Criminal Justice and Immigration Act 2008, you are judged on the circumstances as you honestly believed them to be, and the force you used must have been reasonable in those circumstances, with a wider latitude in householder cases. Once self-defence is raised on the evidence, it is for the prosecution to disprove it. CCTV, 999 calls, body-worn camera footage and independent witnesses often decide these cases, and footage from shops, buses and doorbells can be overwritten quickly, so it should be identified early.
Be realistic about funding. If you are arrested, ask for the duty Solicitor at the police station, which is free regardless of your means. After charge, criminal legal aid is available through Solicitors with a legal aid contract, subject to the interests of justice and means tests, and a Direct Access Barrister cannot act on legal aid. Direct Access works best for privately paying clients in cases of manageable size, such as a Magistrates' Court assault or a single-incident ABH, where you can receive the papers and deal with the court and the CPS yourself. Under the Bar Standards Board's public access rules, your Barrister must consider whether the case is suitable for you to run in that way, and will say so if a Solicitor is needed.
What Assault Charges Barristers Do
Charge and Evidence Review
Your Barrister can analyse:
- Whether the injuries support the charge level
- Whether intent for section 18 can be proved
- Medical records and photographs of injury
- CCTV, 999 calls and body-worn footage
- Inconsistencies in complainant and witness accounts
- Your police interview and any admissions
Defences and Key Issues
Specialist advice on:
- Self-defence and defence of others
- Householder cases and reasonable force
- Identification evidence in group incidents
- Consent in sport and lawful activities
- Domestic cases proceeding without the complainant
- Offering a plea to a lesser alternative charge
Applications and Drafting
Your Barrister can prepare:
- Defence statements raising self-defence
- Requests for specific disclosure
- Responses to hearsay and res gestae applications
- Bad character applications about the complainant
- Submissions resisting a restraining order
- Mitigation and character references guidance
Your Barrister drafts these documents. You send them to the court and the CPS, as Direct Access Barristers do not conduct litigation.
What You Handle
With Direct Access you:
- Request and forward the prosecution papers
- Ask businesses to preserve CCTV quickly
- Obtain your own GP or hospital records
- Collect details of defence witnesses
- Comply with any bail conditions, including no contact
- Correspond with the court and CPS as advised
How Direct Access Works
- 1
Police Station and Charge
If you are arrested, take the free duty Solicitor. Some Direct Access Barristers will advise before a pre-arranged voluntary interview. If you are charged or summonsed, note any bail conditions carefully, as breaching a no-contact condition is a common route back into custody.
- 2
Early Evidence Review
Your Barrister reads the initial details of the prosecution case, focusing on the medical evidence, any footage and the complainant's account, and advises whether the charge is pitched at the right level and how strong any self-defence argument is.
- 3
Plea Decision
You decide your plea with full advice. For ABH and section 20 cases this includes where the trial should take place. Credit for a guilty plea is greatest at the first stage, so this advice needs to come before your first hearing where possible.
- 4
Disclosure and Preparation
Your Barrister identifies material the prosecution should disclose, such as previous complaints, the full 999 recording or unedited footage, and prepares the defence statement. You trace witnesses and obtain records under guidance.
- 5
Trial
Your Barrister cross-examines the complainant and other witnesses, challenges hearsay or identification evidence, and presents your account. In self-defence cases the focus is often on what you honestly believed at the moment force was used.
- 6
Sentence and Ancillary Orders
If you are convicted or plead guilty, the court applies the Sentencing Council's assault guidelines. Your Barrister presents mitigation and addresses compensation and any restraining order, which can be made even after an acquittal.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
What is the difference between ABH and GBH?
Actual bodily harm is harm that is more than transient or trifling, such as significant bruising, minor fractures or psychiatric injury proved by expert evidence. Grievous bodily harm means really serious harm. Section 20 GBH requires the prosecution to prove you foresaw that some harm might result. Section 18 requires an intention to cause really serious harm, which is why it is far more serious and indictable-only.
How does self-defence work in an assault case?
You are entitled to use reasonable force to protect yourself, another person or property. The court looks at the situation as you honestly believed it to be, even if you were mistaken, and asks whether the force was reasonable in that situation. You do not have to wait to be struck first. Once there is evidence of self-defence, the prosecution must prove you were not acting in self-defence.
The complainant has withdrawn their statement. Will the case be dropped?
Not necessarily, especially in domestic cases. The CPS can pursue an evidence-led prosecution using body-worn footage, 999 calls and the accounts of officers, sometimes relying on the res gestae exception to the hearsay rule. Your Barrister can challenge the admissibility of that evidence and argue that a fair trial is not possible without the complainant.
Can the court make a restraining order if I am found not guilty?
Yes. A court can make a restraining order on acquittal under the Protection from Harassment Act 1997 if it considers one necessary to protect a person from harassment. It can also make one on conviction under the Sentencing Act 2020. Your Barrister can argue that an order is unnecessary, or that its terms should be narrower, for example where you share children or property.
What if the person I am accused of assaulting was a police officer or paramedic?
Assaults on emergency workers are charged under the 2018 Act or, for more serious injuries, as ABH or GBH with the fact the victim was an emergency worker treated as a statutory aggravating feature. These cases often involve body-worn footage, so the full unedited recording and the lawfulness of what the officers were doing at the time can be important.
Will I get a prison sentence for assault?
It depends on the offence, the level of harm and your culpability as assessed under the Sentencing Council's assault guidelines, together with any aggravating and mitigating factors and credit for a guilty plea. Outcomes range widely. Your Barrister can tell you where your case is likely to fall once the evidence has been reviewed, rather than guessing at the outset.
Can I use Direct Access for an assault charge?
Often, yes, if you are paying privately and the case is manageable. Your Barrister advises and represents you while you handle the papers and correspondence. If you are eligible for legal aid, your Barrister will make sure you know about it, and for large multi-defendant or section 18 cases a Solicitor is usually needed. Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Get the Charge Level and Defence Right Early
Speak to a criminal Barrister about self-defence, the injury evidence and your plea before your first hearing.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.