Assault and GBH Sentencing Guidelines (England & Wales)
Last reviewed: June 2026
The main assault offences
“Assault” is a broad term covering several distinct criminal offences, mostly set out in the Offences Against the Person Act 1861. The charge depends largely on how serious the injury was and what the person intended. Understanding which offence applies is the first step to understanding the likely sentence.
| Offence | What it means | Maximum sentence |
|---|---|---|
| Common assault / battery | Threatening or using minor unlawful force; little or no injury | 6 months (12 months where racially/religiously aggravated) |
| ABH (s47) | Assault causing actual bodily harm — more than trivial injury | 5 years |
| GBH / unlawful wounding (s20) | Really serious harm or a wound, without proven intent | 5 years |
| GBH with intent (s18) | Really serious harm caused with intent to do so | Life imprisonment |
How judges decide a sentence
For ABH and above, judges follow the Sentencing Council’s definitive guideline for assault offences (in force since 1 July 2021). The process is structured. The judge first assesses culpability (how blameworthy the conduct was — for example whether a weapon was used, whether the attack was prolonged or premeditated) and harm (how serious the injury and its lasting effects were). Combining these gives a category with a starting point and a range. The judge then adjusts within or beyond that range for aggravating factors (such as previous convictions, an offence committed while on bail, or targeting a vulnerable victim) and mitigating factors (such as genuine remorse, good character or mental health issues). Finally, a guilty plea can reduce the sentence by up to one-third, depending on how early it was entered.
Typical starting points
Starting points are the figure a judge begins from for a typical case in each category, before adjustments. As a broad guide under the current guideline:
| Offence | Range of starting points |
|---|---|
| ABH (s47) | From a community order up to around 3 years’ custody |
| GBH / wounding (s20) | From around 1 year 6 months up to 4 years’ custody |
| GBH with intent (s18) | From around 3 years up to 12 years’ custody (life is the maximum) |
These are starting points and ranges, not fixed sentences. The actual sentence depends on the specific facts. Always check the current Sentencing Council guideline for the precise figures.
How the sentence is served
Whether a custodial sentence is suspended or served immediately depends on its length and the circumstances. Following the Sentencing Act 2026, from 22 March 2026 courts can suspend sentences of up to three years (previously two), and there is a presumption towards suspending very short sentences of 12 months or less. A suspended sentence means the person does not go to prison unless they breach the conditions. For sentences served in custody, release arrangements depend on the sentence type; a new “earned progression” model for standard determinate sentences was legislated in 2026 and is expected to take effect later in the year. For the most serious s18 cases, life and extended sentences carry Parole Board oversight of release.
- “GBH always means prison.” Not necessarily. A s20 GBH at the lower end, with strong mitigation, can result in a suspended sentence; s18 (with intent) is far more serious and almost always means immediate custody.
- “The injury alone decides the sentence.” Both harm and culpability matter. Intent is the key difference between s20 and s18 GBH, and it dramatically changes the maximum.
- “A guilty plea makes no difference.” An early guilty plea can reduce the sentence by up to a third — one of the most significant factors a defendant can influence.
Frequently asked questions
What is the difference between s20 and s18 GBH?
Both involve really serious harm. The difference is intent: s18 requires an intention to cause grievous bodily harm and carries a maximum of life, while s20 does not require that intent and carries a maximum of 5 years.
Is ABH more serious than common assault?
Yes. ABH (s47) involves actual injury beyond the trivial and carries up to 5 years, whereas common assault involves little or no injury and carries up to 6 months.
Can an assault sentence be suspended?
Yes, where the custodial term is within the suspension limit (now up to three years) and the court considers it appropriate. It is most common for lower-level offences.
Where can I read the actual guideline?
The Sentencing Council publishes the full definitive guideline online, including the category tables and factors.
Official sources
See the Sentencing Council assault offences guideline, the CPS charging standard for offences against the person, and the Sentencing Act 2026. See also our related guides on theft and robbery sentencing and probation after prison.
