GBH or wounding (section 20)
Section 20 GBH is unlawfully wounding someone or inflicting really serious harm on them, where the defendant foresaw that some harm might result. Unlike section 18, no intention to cause serious harm is needed. It is triable either way with a maximum of 5 years.
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 | Section 20 GBH, Inflicting grievous bodily harm, Unlawful wounding, Malicious wounding |
|---|---|
| The law | Offences against the Person Act 1861, section 20 |
| Where it is tried | either way. Most section 20 cases are heard in the Crown Court because of their seriousness, but less serious cases can stay in the magistrates' court. |
| Maximum penalty | 5 years' imprisonment and/or an unlimited fine. Racially or religiously aggravated section 20 (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: Inflicting grievous bodily harm / Unlawful wounding / Racially or religiously aggravated GBH / Unlawful wounding |
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 unlawfully wounded the victim (broke both the outer and inner layers of the skin) or inflicted grievous bodily harm (really serious harm).
- Grievous bodily harm can include serious physical injury or a serious recognised psychiatric illness; the victim's age and health are relevant to how serious the harm was.
- The defendant acted 'maliciously', meaning they intended or foresaw that some physical harm, though not necessarily serious harm, might result.
- The act was unlawful, for example not justified by reasonable self-defence.
Defences and common issues
- Self-defence or defence of another using force that was reasonable in the circumstances as the defendant believed them to be.
- No foresight of any harm at all, so the defendant did not act 'maliciously'.
- The injury was not serious enough to be GBH and the skin was not broken, which may make ABH the appropriate charge.
- Causation or identification: the defendant did not cause the injury, or was not the person who did.
Frequently asked questions
What is the difference between section 18 and section 20 GBH?
The difference is intention. Section 20 requires only that the defendant foresaw that some harm might be caused, while section 18 requires proof that they intended to cause really serious harm, or intended to resist or prevent a lawful arrest. The injuries can be identical. Section 20 is triable either way with a maximum of 5 years, while section 18 can only be tried in the Crown Court and carries a maximum of life imprisonment.
What counts as grievous bodily harm?
Grievous bodily harm means really serious harm. There is no fixed list, but it commonly includes broken bones, fractured skulls, injuries causing substantial loss of blood, permanent disability or disfigurement, and serious recognised psychiatric illness. Courts look at the injuries as a whole and consider the victim's age and health. A wound, meaning a break in both layers of the skin, can be charged under section 20 even if it is not serious, although minor wounds are often charged as ABH.
Can I be guilty of GBH if I did not mean to seriously hurt anyone?
Yes, under section 20. The prosecution only has to prove that you foresaw the risk of some physical harm, however minor, not that you intended or foresaw serious injury. So a single punch that causes a fall and a fractured skull could lead to a section 20 charge even if serious injury was never intended. If there is no evidence of any intention to cause serious harm, a section 18 charge would not be appropriate.
What is the maximum sentence for section 20 GBH?
The maximum sentence for inflicting grievous bodily harm or unlawful wounding under section 20 is 5 years' imprisonment and/or an unlimited fine, or 7 years if racially or religiously aggravated. If the victim was an emergency worker, or someone providing a service to the public, the court must treat that as an aggravating factor. The Sentencing Council guideline sets out ranges based on harm and culpability, such as whether a weapon was used.
Can a section 18 charge be reduced to section 20?
It can. A defendant charged with section 18 may offer to plead guilty to section 20, and the prosecution can accept that plea if it considers it reflects the evidence. At trial, if the jury is not sure that the defendant intended really serious harm, it can convict of section 20 as an alternative if the other elements are proved. Whether this is realistic depends on the evidence of intent, which a defence solicitor or barrister can assess.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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