Offences Against the Person Act 1861: Sections 18, 20, and 47 Sentences

The Offences Against the Person Act 1861 sets out the charges and sentences used for most non-fatal violence prosecuted in England and Wales, graded by how badly the victim was hurt and what the attacker intended. The lowest tier under the Act, assault occasioning actual bodily harm (Section 47), carries up to five years. Reckless grievous bodily harm or wounding (Section 20) also carries five years. Causing grievous bodily harm or wounding with intent (Section 18) carries a maximum of life imprisonment, as does an attempt to choke, suffocate, or strangle someone in order to commit another indictable offence (Section 21). Administering poison that endangers life or causes grievous bodily harm (Section 23) carries ten years; a lesser poisoning offence under Section 24 carries five.

Section 47: Actual Bodily Harm

Section 47 covers an assault or battery that causes actual bodily harm.¹ The prosecution has to prove the assault itself, and that the harm flowed from it. The injury has to go beyond something transient or trifling, but need not be permanent or severe.

The Crown Prosecution Service draws the line at roughly this point. Grazes, minor bruising, reddening of the skin, and superficial cuts tend to stay within common assault. ABH territory starts with broken or damaged teeth, extensive bruising, cuts requiring stitches, or loss of consciousness.² The jump matters: common assault is capped at six months in a magistrates’ court, while ABH carries up to five years.

Injury level is not the only factor. Prosecutors also weigh whether a weapon was used, whether the victim was vulnerable, whether the attack involved repeated blows or kicks to someone on the ground, and whether there is a history of similar behaviour. A relatively minor injury inflicted in a dangerous or degrading way can still support an ABH charge.²

Psychiatric Harm

Bodily harm under Section 47 is not confined to visible injury. The case of R v Chan-Fook (1994) established that “bodily harm” covers all parts of the body including the nervous system and brain, and that an assault causing a genuine psychiatric condition can be enough. The court defined ABH as “some actual harm which interferes with the health or comfort of the individual.”

The limit, confirmed in R v Dhaliwal (2006), is that only a diagnosed psychiatric illness qualifies. Fear, panic, or anguish on their own do not meet the threshold, however intense. The prosecution usually needs medical evidence of a recognised diagnosis such as clinical depression, an anxiety disorder, or post-traumatic stress disorder.

Section 20: Reckless GBH and Wounding

Section 20 makes it an offence to unlawfully and maliciously wound or inflict grievous bodily harm.³ GBH means “really serious harm”: broken bones, permanent disfigurement, injuries requiring lengthy hospitalisation, lasting disability.

The prosecution does not have to prove the defendant meant to cause serious harm. “Maliciously,” as interpreted in R v Cunningham (1957), is satisfied where the defendant intended or foresaw that their actions might cause some physical harm. A single punch not expected to fracture a skull can still support a Section 20 conviction if the defendant foresaw the possibility of any harm at all.

“Wounding” has a narrower technical meaning than people assume. Following JCC v Eisenhower, a wound requires a break in the continuity of the whole skin, meaning both the outer and inner layers must be severed. A clean cut through the skin qualifies. A burst blood vessel in the eye, internal bleeding without an external break, or a graze that only scratches the surface does not count, even if a doctor uses the word informally.

The maximum sentence under Section 20 is five years.

Section 18: GBH With Intent

Section 18 covers the same physical injuries as Section 20, but requires proof the defendant specifically intended to cause really serious harm, or intended to resist lawful arrest by causing such harm.⁴ That intent requirement puts it among the most serious charges in English criminal law. The maximum is life imprisonment.

Intent is proved from surrounding circumstances. CPS guidance looks to the selection and use of a weapon, the severity or duration of the attack, prior threats or planning, and admissions in interview.² Someone who picks up a knife, makes threats, and launches a sustained attack on a victim’s head has given prosecutors strong material. A single punch thrown in a flash of temper, however badly it lands, is more likely to be charged under Section 20. Where intent evidence exists, the CPS treats Section 18 as “almost always the appropriate charge.” In practice, Section 20 often sits on the indictment as an alternative in case the jury is not sure about intent.

Sections 23 and 24: Administering Poison or Noxious Substances

Section 23 is the more serious of the two: unlawfully and maliciously administering any poison or noxious substance so as to endanger life or cause grievous bodily harm.⁵ The maximum is ten years. “Noxious substance” is read broadly. Some things are obviously poisonous; others become noxious because of the quantity used or the way they are administered. The prosecution must show the defendant knew their actions could cause real physical harm.

Section 24 covers administering a poison or noxious substance intending to injure, aggrieve, or annoy the victim, even where life was not endangered.⁶ It picks up scenarios like spiking a drink to incapacitate someone or putting a substance in food to cause illness. The maximum is five years. Either offence requires a deliberate act of administering the substance, in any form.

Section 21: Attempting to Choke, Suffocate, or Strangle

Section 21 is aimed at choking, suffocation, or strangulation used to help carry out another crime.⁷ The defendant must have attempted to choke, suffocate, or strangle the victim with the intention of committing or helping to commit an indictable offence, such as robbery or a sexual offence.

The offence is complete once the attempt is made for that purpose. The victim need not actually be rendered unconscious. The maximum sentence is life imprisonment, reflecting how readily pressure to the neck can cause brain damage or death.

Maximum Sentences at a Glance

Section 47 (ABH): 5 years. Either-way offence.²
Section 20 (GBH or wounding without intent): 5 years. Either-way.²
Section 18 (GBH or wounding with intent): Life. Crown Court only.⁴
Section 21 (attempting to choke to commit an offence): Life.
Section 23 (poisoning endangering life or causing GBH): 10 years.⁵
Section 24 (poisoning with intent to injure): 5 years.⁶

The maximum is the ceiling, not the usual outcome. Actual sentences are set using the Sentencing Council’s guidelines, which assess harm and culpability.

What Sentences Actually Look Like

Each offence has a sentencing grid with starting points and ranges by category. Judges work through the categories first, then adjust for aggravating and mitigating factors.

ABH Starting Points

ABH guidelines split cases into three culpability levels (high, medium, lesser) and three harm levels.⁸ High culpability (Category A) picks up factors like significant premeditation, targeting a vulnerable victim, use of a highly dangerous weapon, strangulation, or a prolonged attack. Lesser culpability covers impulsive short-lived assaults, excessive self-defence, or offending linked to a mental disorder.

At the top, a Category 1 harm / high culpability case has a starting point of two years and six months’ custody, with a range of eighteen months to four years. At the bottom, Category 3 / lesser culpability starts at a medium-level community order, with a range from a Band B fine up to twenty-six weeks’ custody.⁸

Section 20 Starting Points

Section 20 starts higher because the injuries are more serious. Category 1 harm / high culpability starts at four years’ custody with a range of three to four and a half years. Category 3 / lesser culpability starts at twenty-six weeks’ custody with a range from a medium-level community order to one year.⁹

Section 18 Starting Points

Section 18 sentencing is on a different scale. Category 1 harm / high culpability starts at twelve years’ custody with a range of ten to sixteen years. Even at the lowest end, Category 3 / lesser culpability starts at three years, with a range of two to four.¹⁰ Lesser culpability at this level includes the absence of a weapon, excessive self-defence, or acting after prolonged abuse by the victim.

Factors That Push a Sentence Up or Down

After the starting point, the judge applies aggravating and mitigating factors. Some aggravating factors are set by statute, and the court must treat them as increasing seriousness and say so in open court.¹¹

Relevant previous convictions, especially recent or similar ones.
Offence committed while on bail for another matter.
Hostility based on race, religion, disability, sexual orientation, or transgender identity.
Assault on an emergency worker on duty, such as a police officer, paramedic, or firefighter.¹¹
Assault on someone providing a public service or performing a public duty.

Beyond the statutory list, guidelines commonly treat the use of a weapon, a domestic abuse context, an attack in the victim’s own home, offending under the influence of alcohol or drugs, and deliberately targeting the head or face as aggravating. Mitigating factors can include genuine remorse, no previous convictions, mental health difficulties, provocation by the victim, and a guilty plea, which typically earns a reduction of up to one-third depending on when it is entered.

Self-Defence and Consent

Two defences come up again and again under the 1861 Act. Each can produce a full acquittal, but each has limits.

Self-defence applies where the defendant honestly believed force was necessary and the force used was reasonable in the circumstances as they believed them to be. An honest but mistaken belief about the threat can still support the defence, provided the response was not grossly disproportionate. Punching someone trying to stab you is proportionate. Continuing to kick an attacker who is already unconscious is not. Juries decide what was reasonable, and courts accept that someone acting under the stress of a sudden attack cannot be expected to measure their response with precision.

Consent is more constrained. The House of Lords held in R v Brown (1993) that consent is a defence to common assault but not, as a general rule, to ABH or anything more serious. Society’s interest in preventing serious violence overrides the victim’s agreement. Recognised exceptions include properly conducted sporting activities with inherent physical contact, reasonable surgical procedures, and tattooing or body piercing. Outside those categories, the victim’s consent does not protect the person inflicting the harm.

Victim Surcharge

Every conviction carries a mandatory victim surcharge, and judges cannot waive it. The amount depends on the sentence:¹²

Conditional discharge: £22
Fine: 10% of the fine (minimum £34, maximum £190)
Community order: £95
Custody up to 6 months: £128
Custody over 6 months and up to 2 years: £156
Custody over 2 years, or a life sentence: £190

A twelve-month custodial sentence for ABH attracts a £156 surcharge. A long Section 18 sentence attracts £190. The surcharge sits on top of any compensation order to the victim and any prosecution costs.

DBS Checks and Long-Term Consequences

A conviction under the 1861 Act follows a person well past the sentence. ABH is a “specified offence” under the DBS filtering rules, so it always appears on standard and enhanced criminal record checks, no matter how old.¹³ There is no filtering mechanism that will remove it.

Any conviction resulting in a custodial sentence, whether immediate or suspended, is also always disclosed on standard and enhanced DBS certificates.¹³ Section 18 and Section 20 convictions almost always carry prison time, so they will stay visible for life. That has lasting effects on work in healthcare, education, licensed professions, and any role involving children or vulnerable adults. Anyone facing a charge under the Act should factor those long-term consequences in alongside the immediate risk of imprisonment.

1
Legislation.gov.uk. Offences Against the Person Act 1861 – Section 47
2
The Crown Prosecution Service. Offences Against the Person, Incorporating the Charging Standard
3
Legislation.gov.uk. Offences Against the Person Act 1861 – Section 20
4
Legislation.gov.uk. Offences Against the Person Act 1861 – Section 18
5
Legislation.gov.uk. Offences Against the Person Act 1861 – Section 23
6
Legislation.gov.uk. Offences Against the Person Act 1861 – Section 24
7
Legislation.gov.uk. Offences Against the Person Act 1861 – Section 21
8
Sentencing Council. Assault Occasioning Actual Bodily Harm / Racially or Religiously Aggravated ABH
9
Sentencing Council. Inflicting Grievous Bodily Harm / Unlawful Wounding / Racially or Religiously Aggravated GBH / Unlawful Wounding
10
Sentencing.uk. Causing Grievous Bodily Harm with Intent / Wounding with Intent (Section 18 Offences Against the Person Act 1861)
11
Legislation.gov.uk. Sentencing Act 2020 – Aggravating Factors
12
Legislation.gov.uk. The Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2020
13
GOV.UK. DBS Filtering Guide