ABH Sentencing Guidelines UK: What Sentence for Actual Bodily Harm?
Last reviewed: June 2026. General information about the law in England and Wales, not legal advice; sentencing depends on the facts and the current Sentencing Council guideline.
In short: assault occasioning actual bodily harm (ABH) — section 47 of the Offences Against the Person Act 1861 — carries a maximum of 5 years in prison, but most sentences are far lower. Following the Sentencing Council guideline the court grades the offence by culpability and harm; outcomes range from a community order at the lower end to around 4 years’ custody for the most serious cases. Many lower-level ABH sentences can now be suspended. Aggravating factors push it up; genuine mitigation and an early guilty plea bring it down.
What ABH is
ABH is an assault that causes injury that is more than trivial — for example bruising, cuts, a broken nose, loss of a tooth or psychological harm — but less serious than the very grave injuries covered by grievous bodily harm (GBH). It sits above common assault and below GBH in seriousness.
How the sentence is decided
The judge or magistrates first assess culpability (how blameworthy — was a weapon used, was the attack sustained or premeditated, did it target a vulnerable person?) and harm (how serious and lasting the injury was), placing the case in a category with a starting point and range:
| Seriousness | Typical outcome |
|---|---|
| Lower | Community order up to short custody — often suspended |
| Medium | Custody, potentially suspended depending on the facts |
| Higher | Custody, up to around 4 years for the worst cases (5-year maximum) |
The court then adjusts for aggravating factors (a weapon, a vulnerable or public-facing victim such as a shop worker or emergency worker, previous convictions, offending on bail, domestic context) and mitigating factors (genuine remorse, good character, mental-health factors, early steps to address behaviour), before applying credit of up to one-third for an early guilty plea.
Will it mean prison?
Not necessarily. Lower-level ABH frequently results in a community order or a suspended sentence, especially for a first offence with genuine mitigation. More serious ABH — significant injury, a weapon, or a vulnerable victim — is more likely to attract immediate custody.
Common misunderstandings
- Assuming ABH always means prison — many cases result in community orders or suspended sentences.
- Thinking the 5-year maximum is typical — it is reserved for the most serious cases.
- Ignoring the value of an early guilty plea — it can cut the sentence by up to a third.
- Confusing ABH with GBH — GBH involves more serious injury and heavier sentences.
Frequently asked questions
What is the maximum sentence for ABH?
Five years’ imprisonment, though most sentences are far lower.
Will I go to prison for ABH?
Not necessarily — lower-level ABH often results in a community order or a suspended sentence; serious cases attract custody.
What is the difference between ABH and GBH?
GBH involves really serious injury and carries higher maximums (5 years for s20, life for s18 with intent).
Related guides and official sources
See GBH sentencing, how sentencing works and suspended sentences. Official: the Sentencing Council ABH guideline.
