How ABH Is Charged and Prosecuted: A Guide for London Residents

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ABH charges can feel overwhelming, especially if you’re unfamiliar with how the criminal justice system works. Whether you’ve been accused of Actual Bodily Harm (ABH) or you’re supporting someone who has, it’s crucial to understand how these offences are defined, investigated, and prosecuted.

Working with a criminal defence solicitor can make all the difference—and early legal guidance is often the key to a stronger outcome. If you want to learn more about the process, ABH resources from specialist legal professionals are available.

In this article, we’ll explore how ABH is charged under UK law, the typical process followed by police and the Crown Prosecution Service (CPS), and what you should do if you find yourself facing allegations in London.

What Is ABH?

Actual Bodily Harm (ABH) is a criminal offence under Section 47 of the Offences Against the Person Act 1861. It sits between common assault and Grievous Bodily Harm (GBH) in terms of seriousness.

ABH refers to any assault that causes more than minor injuries—bruising, cuts, or psychological harm that’s more than transient. It doesn’t need to be life-threatening, but the injury must be more than trivial. For example, a single punch that leaves a black eye or a shove that causes someone to fall and sustain a cut could be enough to meet the threshold for ABH.

ABH differs from common assault, which doesn’t require actual physical injury. However, the injury in an ABH case doesn’t need to be permanent or severe—only significant enough to move it beyond common assault territory.

How Are ABH Cases Investigated?

When a report of assault is made, the police will investigate the circumstances and collect evidence. This may include witness statements, CCTV footage, photographs of injuries, and medical reports. Officers will consider the nature of the injuries and whether the force used was proportionate or excessive.

Depending on the evidence, you might be interviewed under caution. In some cases, you could be arrested at the scene or later if the police believe they have sufficient grounds. Being interviewed doesn’t necessarily mean you’ll be charged, but what you say can heavily influence the outcome.

Having a solicitor present during police interviews is vital. They’ll ensure your rights are respected, advise you on what to say (or not say), and help prevent misunderstandings from becoming formal charges.

For more information on your rights during police interviews, visit the Met Police arrest process page.

How the CPS Decides Whether to Charge You

Once the police complete their investigation, they may pass the file to the Crown Prosecution Service (CPS), which decides whether there’s enough evidence to proceed. The CPS applies a two-stage test:

1. Is there a realistic prospect of conviction?
2. Is it in the public interest to prosecute?

If both tests are met, you may be charged and summoned to court. If not, the case may be dropped, although it could be reopened if new evidence emerges.

The CPS guidance on assault offences provides more insight into how ABH is treated and how it differs from other types of assault.

Court Process for ABH Charges

ABH cases can be heard in either the Magistrates’ Court or the Crown Court, depending on the severity of the offence and any previous convictions. This is known as an “either way” offence.

If the case remains in the Magistrates’ Court, it’s usually resolved more quickly and carries a maximum sentence of 12 months. However, if it proceeds to the Crown Court, sentencing powers are higher—up to five years’ imprisonment.

During your first hearing, you’ll be asked to enter a plea. If you plead not guilty, the case will proceed to trial. Your solicitor and barrister will prepare your defence, cross-examine witnesses, and present evidence on your behalf.

You’ll also receive guidance on what to expect at each stage. The Citizens Advice court support page offers practical advice on attending court and preparing for a hearing.

Possible Defences for ABH

There are several potential defences to ABH:

• Self-defence: If you used reasonable force to protect yourself
• Consent: In rare cases, such as consensual physical activity
• Lack of intent: If harm was accidental and not foreseeable

Your legal team will help determine the most appropriate defence strategy. The burden of proof lies with the prosecution, and they must prove beyond reasonable doubt that you intended or were reckless in causing harm.

What to Do If You’re Accused

If you’re accused of ABH in London:

1. Do not panic or try to resolve the issue alone
2. Contact a criminal defence solicitor immediately
3. Avoid discussing the incident with others, especially on social media
4. Gather any evidence that could support your account—messages, witness details, etc.

Early intervention by a solicitor can sometimes prevent charges from being filed at all. If you are charged, they’ll help build the strongest possible defence.

Sentencing and Penalties

If convicted, the sentence will depend on several factors:

• The level of injury caused
• Whether a weapon was used
• Your previous criminal record
• Whether you pleaded guilty early

Sentences range from community orders and fines to several years in custody. However, mitigation (such as remorse, no prior convictions, or mental health issues) can influence the outcome.

Final Thoughts: Take Allegations Seriously

ABH charges carry serious consequences, and it’s essential to approach them with urgency and professionalism. Seeking advice from a qualified solicitor early on can protect your rights and give you the best chance of a fair outcome.

Whether you believe the accusation is unfounded or a misunderstanding escalated beyond your control, you don’t have to face it alone. Understanding your rights, the legal process, and your options for defence will empower you to move forward confidently.

This article is for general information only and does not constitute legal advice. If you’ve been arrested or charged with ABH, speak to a qualified criminal defence solicitor as soon as possible.