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What Is A Section 18 Assault?

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The Offences against the Person Act 1861 covers a wide range of assault offences. This includes ‘Section 18 assaults’.

Section 18 assaults are a form of grievous bodily harm (GBH). More specifically, Section 18 assaults refer to causing GBH with intent or wounding with intent to commit GBH.

In the following article, we discuss what Section 18 Assaults involve, how Section 18 assault sentencing guidelines work and what options may be available to you if you are charged with Section 18 assault.

While we hope this information is useful, please note, it should not be taken as legal advice. If you have been accused of, or charged with, Section 18 assault, then please get in touch and our team can advise you.

What is grievous bodily harm?

Grievous bodily harm (GBH) is really serious bodily harm. If a GBH case goes to court, it will be up to the jury to decide whether any injuries that have been caused in an assault are ‘really serious’.

Injuries that could be considered GBH include any that result in disability, disfigurement, broken bones, substantial loss of blood or serious psychiatric injury.

What is an example of a Section 18 case?

There are a wide range of potential examples of Section 18 assaults. They could include, but are certainly not limited to:

  • Causing a visual disfigurement
  • Striking someone with a blunt or heavy object
  • Assaulting someone with a sharp object, such as a knife or broken bottle
  • Kicking or punching someone in the head
  • Throwing acid on someone
  • Deliberately running someone down with a vehicle
  • Breaking someone’s skin (e.g. with teeth)

Section 18 injuries can be caused in a fight or by group action. Section 18 injuries can be caused by stabbing or by the use of a weapon or corrosive substance, as well as being caused by using vehicles intentionally to cause injuries.

What are the points to prove under Section 18?

For something to fall under the parameters of Section 18, it needs to be demonstrated that the defendant intended for an act to wound or cause GBH. Nothing less than an intention to produce that result will be sufficient for a cause to be a Section 18 assault.

Factors that could indicate that there was clear intention could be evidence of a repeated or planned attack, deliberate selection or adaptation of a weapon, or targeting a victim’s head with an offence weapon or a kick.

What is a Section 20 assault?

There can be some confusion over the difference between Section 18 and Section 20 assaults, owing to the fact that both relate to GBH. The difference between the two hinges on the issue of intention. Where serious bodily harm has been caused, but the intent to do so cannot be proven, Section 20 assault may apply.

What are the sentencing guidelines for Section 18 assault?

Section 18 prison sentences vary depending on a wide range of factors. When presiding over a case, the courts will assess the culpability of the offender and the harm caused by the alleged offence.

Culpability is divided into three categories for Section 18 assault with intent:

  • A – High culpability
    • Significant degree of planning or premeditation
    • Victim obviously vulnerable due to age, personal characteristics or circumstances
    • Use of a highly dangerous weapon or weapon equivalent
    • Strangulation/suffocation/asphyxiation
    • Leading role in group activity
    • Prolonged/persistent assault
    • Revenge
  • B – Medium culpability
    • Use of a weapon or weapon equivalent which does not fall within Category A
    • Lesser role in group activity
    • Cases falling between category high and low culpability because:
      • Factors in both high and lesser categories are present which balance each other out; and/or
      • The offender’s culpability falls between the factors as described in high and lesser culpability
  • C – Lesser culpability
    • No weapon used
    • Excessive self defence
    • Offender acted in response to prolonged or extreme violence or abuse by victim
    • Mental disorder or learning disability, where linked to the commission of the offence

Harm is also divided into three categories for Section 18 assault:

  • Category 1
    • Particularly grave or life-threatening injury caused
    • Injury results in physical or psychological harm resulting in lifelong dependency on third party care or medical treatment
    • Offence results in a permanent, irreversible injury or psychological condition which has a substantial and long-term effect on the victim’s ability to carry out their normal day to day activities or on their ability to work
  • Category 2
    •  Grave injury
    • Offence results in a permanent, irreversible injury or condition not falling within Category 1
  • Category 3
    • All other cases of really serious harm
    • All other cases of wounding

Additional aggravating and mitigating factors can also be taken into consideration, which can increase or decrease the severity of the sentence handed out depending on the circumstances.

What is the minimum sentence for a Section 18 assault?

Where culpability and harm are low, the minimum sentence you can receive for a Section 18 assault is two years’ custody.

What is the maximum sentence for a Section 18 assault?

The maximum sentence you can receive for a Section 18 assault is life imprisonment.

Can you get bail for Section 18?

If you are accused of a Section 18 assault, you can be released on pre-charge bail (also just known as being released on bail). This will be while the police make a charging decision.

While you are released on pre-charge bail, you may be subject to various bail conditions, such as not being able to go to certain places, or having to visit the police station at specific times.

To find out more in relation to pre-charge bail, please use the links provided below:

Credit for guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings for a Section 18 assault, you could receive a reduction from 1/3 of a penalty.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

What can I do if I’m accused or charged with Section 18 assault?

If you are accused or charged with a Section 18 assault, it is vital that you work with a specialist criminal defence solicitor. This can be the difference between avoiding charges, or having a sentence reduced if conviction is unavoidable.

At JD Spicer Zeb, our expert criminal defence solicitors have over 45 years of experience in handling all manner of criminal law matters, including those related to Section 18 assaults. Our high level of expertise is reflected through our Law Society accreditation in Criminal Litigation.

We know exactly what is required to build the strongest possible defence against allegations of Section 18 assault, including the types of evidence that will be required, such as forensics, digital evidence and witness testimony. We will be able to identify any flaws in the case against you and make sure that any evidence needed to support your defence is highlighted.

We have a strong track record of success and also established close relationships with a number of the country’s leading criminal defence barristers.

If you are facing a Section 18 assault charge, we are here to provide you with the support you need.

Related matters:

Our related cases

Fees and funding

When you come to us for support, we are always transparent about the legal costs involved.

If you need to attend court for your case, legal aid public funding will be available in certain cases. This will be based on the seriousness of the case and whether it justifies the grant of public funding.

For clients who do not qualify for legal aid public funding, the alternative will be to fund a case on a private basis.

To find out more about the way we handle fees (both legal aid public funding and private fees) for Section 18 assaults, please use the links provided below:

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation for Section 18 police charges, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation for Section 18 charges

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for Section 18 assault charges.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.