Assault occasioning actual bodily harm


Published by a ³ÉÈËÓ°Òô Corporate Crime expert
Practice notes

Assault occasioning actual bodily harm


Published by a ³ÉÈËÓ°Òô Corporate Crime expert

Practice notes
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Article Summary

This practice note provides guidance on the offence of assault occasioning actual bodily harm (ABH) under section 47 of the Offences Against the Person Act 1861. To prove the offence, the prosecution must establish an assault or battery was committed and that it caused the victim actual bodily harm. Actual bodily harm includes any hurt calculated to interfere with health or comfort, such as cuts, bruises or psychiatric injury. It is not necessary to prove the defendant intended to cause the harm. There are limited defences, for example self-defence, but consent to harm for sexual gratification is not a defence. ABH can be tried in the magistrates' court or Crown Court. Sentencing follows Sentencing Council guidelines which categorise the offence based on culpability and harm. The maximum sentence is 5 years (7 years for the racially aggravated offence). Sentencing aims to reflect the seriousness of the offence and in the Crown Court can include a finding of dangerousness.
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Actual bodily harm definition
What does Actual bodily harm mean?

Any injury calculated to interfere with the health or comfort of the victim. It does not need to be permanent but it must be more than merely transient.

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