Assault occasioning actual bodily harm (ABH)
Assault occasioning actual bodily harm (ABH) is an assault or battery that causes an injury which is more than trivial, such as significant bruising, a cut or a psychiatric injury. It is triable either way and carries a maximum of 5 years' imprisonment.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | ABH, Section 47 assault, Assault causing actual bodily harm |
|---|---|
| The law | Offences against the Person Act 1861, section 47 |
| Where it is tried | either way. Less serious cases stay in the magistrates' court; more serious cases, or cases where the defendant chooses jury trial, go to the Crown Court. |
| Maximum penalty | 5 years' imprisonment and/or an unlimited fine. Racially or religiously aggravated ABH (Crime and Disorder Act 1998, s.29): 7 years. In the magistrates' court the maximum for a single either-way offence is 12 months' imprisonment (Sentencing Act 2020, s.224). |
| Sentencing guideline | Sentencing Council: Assault occasioning actual bodily harm / Racially or religiously aggravated ABH |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant committed an assault or battery on the victim.
- The assault caused (occasioned) actual bodily harm: any hurt or injury that interferes with health or comfort and is more than transient or trifling.
- Harm can include bruising, grazes, minor fractures, loss of consciousness or a recognised psychiatric injury, but not mere fear or distress.
- The defendant intended or was reckless as to the assault or battery; they do not need to have intended or foreseen any injury.
Defences and common issues
- Self-defence or defence of another, where the force used was reasonable in the circumstances as the defendant believed them to be.
- The injury was not caused by the defendant's assault, or was too minor to be actual bodily harm (in which case common assault may be the alternative).
- Accident, with no intention or recklessness as to the use of force.
- Consent is generally not a defence where actual bodily harm is caused, except in recognised situations such as properly conducted sport or reasonable surgery.
Frequently asked questions
What counts as actual bodily harm?
Actual bodily harm is any hurt or injury that interferes with the victim's health or comfort and is more than merely transient or trifling. Examples include significant bruising, a black eye, cuts needing minor treatment, a broken tooth, or loss of consciousness. A recognised psychiatric illness diagnosed by an expert can also be ABH, but ordinary fear, panic or distress is not. The Crown Prosecution Service considers the injuries and the overall circumstances when choosing between common assault and ABH.
What is the difference between ABH and common assault?
The main difference is the injury. Common assault involves no injury or only very minor injury such as reddening or a small graze, and it is a summary-only offence with a 6-month maximum. ABH requires an injury that is more than trivial, and it is triable either way with a 5-year maximum. The prosecution does not need to prove the defendant intended or foresaw the injury for ABH, only that they intentionally or recklessly assaulted the victim and that the assault caused the harm.
What is the maximum sentence for ABH?
The maximum sentence for ABH is 5 years' imprisonment and/or an unlimited fine, rising to 7 years if it is racially or religiously aggravated. If the case stays in the magistrates' court, the maximum is 12 months' imprisonment. The actual sentence depends on the Sentencing Council guideline, which looks at the level of harm and culpability, such as use of a weapon or strangulation, and at aggravating and mitigating factors.
Will an ABH case go to the Crown Court?
Not necessarily. ABH is triable either way, so the magistrates first decide whether their sentencing powers, currently 12 months for one offence, are enough. If they are, the defendant can choose summary trial in the magistrates' court or trial by jury in the Crown Court. If the magistrates decide the case is too serious, it is sent to the Crown Court. Even after a guilty plea or conviction, magistrates can commit the case to the Crown Court for sentence.
Do I have to answer police questions if I am arrested for assault?
You do not have to answer police questions, and you have the right to free and independent legal advice at the police station at any time. However, in England and Wales a court may draw an adverse inference if you later rely on a fact in your defence that you could reasonably have mentioned in interview (Criminal Justice and Public Order Act 1994, ss.34 to 38). Whether to answer questions, give a prepared statement or say 'no comment' is something a solicitor can advise on before the interview.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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