What Happens for a First Offence of Actual Bodily Harm (ABH)?
What Happens for a First Offence of Actual Bodily Harm (ABH)?
What is Actual Bodily Harm (ABH)?
- Commits an assault (intentional or reckless application of force to another person), and
- Causes an injury that is more than trivial.
- Bruises
- Minor cuts
- Swelling
- Temporary loss of consciousness
- Scratches or bite marks
What Happens When You Are Charged with ABH for the First Time?
1. Police Investigation and Arrest
- Arrest you at the scene or later, depending on the circumstances.
- Interview you under caution at the police station.
- Gather evidence, including witness statements, CCTV footage, medical reports, and forensic evidence.
2. Charging Decision
- The evidence—Is there enough proof to secure a conviction?
- Public interest—Is prosecuting the case justified?
- Released on bail, with or without conditions (e.g., not contacting the victim).
- Remanded in custody if the court deems you a flight risk or a danger to the public.
3. Court Proceedings
- Magistrates’ Court – Less serious cases with possible sentences of up to 12 months in prison.
- Crown Court – More serious cases where a maximum of 5 years imprisonment can be imposed.
Sentencing for a First-Time ABH Offence
Sentencing Guidelines:
|
Severity
|
Example Offences
|
Possible Sentences
|
|---|---|---|
|
Low-Level ABH
|
A single punch causing minor bruising
|
Community Order or Fine
|
|
Medium-Level ABH
|
A sustained attack causing multiple bruises and cuts
|
6 months – 2 years’ imprisonment
|
|
High-Level ABH
|
Use of a weapon causing serious injury
|
2 – 5 years’ imprisonment
|
Mitigating Factors (May Reduce Sentence):
- First-time offence
- Genuine remorse
- Early guilty plea (may reduce sentence by one-third)
- No previous convictions
- The incident was out of character
Aggravating Factors (May Increase Sentence):
- Use of weapons
- Repeated or sustained attack
- Offence committed while on bail
- Targeting a vulnerable victim
- Pre-planned or gang-related assault
Possible Defences for ABH Charges
- If you acted to protect yourself or another person, you may argue that the force used was reasonable and proportionate to the threat faced.
- If the victim consented to the act (e.g., in a contact sport), this may be a defence, although there are limits to when consent can be valid.
- If you did not intend or foresee that your actions would cause harm, this may weaken the prosecution’s case.
- The prosecution must prove beyond reasonable doubt that you committed ABH. If the evidence is weak or unreliable, your solicitor can argue for case dismissal.
Impact of an ABH Conviction
- A criminal record, which may affect employment opportunities.
- Travel restrictions (some countries, such as the USA, deny visas to those with violent convictions).
- Difficulties in obtaining insurance or professional licences.
How a Solicitor Can Help
- Advise you on your legal rights and the best course of action.
- Represent you in police interviews to ensure you do not inadvertently incriminate yourself.
- Challenge the evidence (e.g., questioning the reliability of witness statements or CCTV footage).
- Negotiate with the prosecution for charge reductions (e.g., reducing ABH to common assault, which carries lighter penalties).
- Mitigate sentencing by presenting evidence of good character and remorse.
Conclusion: First Offence of Actual Bodily Harm
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