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INJURY • INTENT • SELF-DEFENCE • CHARGE SELECTION

ABH & GBH Pre-Charge Investigations

Before charge in an ABH or GBH investigation, the key issues often include what injury was actually caused, how it was caused, whether force was lawful, what the suspect intended or foresaw, and whether the evidence supports the offence being considered. We analyse those questions before the charging decision.

IS THIS THE RIGHT STAGE?

ABH, section 20 or section 18: what is the real allegation?

Charge selection depends on the injury and the mental element proved by the evidence. ABH under section 47, wounding or GBH under section 20, and section 18 GBH/wounding with intent are materially different allegations. The police description of an incident does not itself determine the proper charge.

The charging thresholds should be stated precisely. ABH under section 47 requires bodily harm that is more than transient or trifling. GBH means really serious harm, assessed in the real context of the individual. A wound requires a break in the continuity of the whole skin. For section 20, the prosecution must prove unlawful wounding or GBH together with intention or recklessness as to some physical harm. Section 18 requires the specific intent required by the statute—ordinarily intent to cause grievous bodily harm, with a separate statutory route where the wounding or GBH is caused with intent to resist or prevent lawful apprehension.

Interview completedYou have given an account and the investigation remains open.
On pre-charge bailYou have a bail return or review date and a charging decision may be approaching.
Released under investigationThere is no fixed bail date, but the police are still gathering or reviewing evidence.
File with the CPSThe case may already be with a reviewing prosecutor, but no final charge has been authorised.
Send us the key facts firstAllegation • police force • interview date • bail/RUI status • next date • core defence material
Request a pre-charge review

Medical evidence and causation

Photographs, hospital records, GP notes, forensic evidence and expert opinion may be used to establish the nature and seriousness of injury. The defence should also ask whether the alleged act actually caused the injury relied upon and whether the medical chronology is consistent with the prosecution account.

Where injuries developed later, there were multiple participants, or the complainant had a pre-existing condition, causation may need particularly careful analysis.

Self-defence, CCTV and witness evidence

CCTV, body-worn video, doorbell footage, photographs, 999 calls and independent witnesses can materially alter an assault allegation. Where self-defence is raised, the sequence of events, perceived threat and force used need to be assessed against the evidence rather than hindsight.

Timing matters.

The seriousness of an injury does not by itself prove the intention required for section 18. Conversely, relatively limited visible injury does not make the surrounding conduct irrelevant. Injury, intent and circumstances must be analysed separately.

How we build an assault pre-charge case

We reconstruct the incident from interview accounts, CCTV, witness evidence, medical records, photographs, messages before or after the event and any forensic material. We then separate the questions of identity, unlawful force, causation, injury and state of mind.

Where evidence is missing, we can identify reasonable enquiries such as preserving footage, obtaining full medical material, locating witnesses or clarifying how an injury is said to have occurred.

What can pre-charge representations achieve?

Where justified, representations can address self-defence, causation, unreliable identification, contradictory CCTV or witness material, the medical evidence, the required intent and whether the proposed charge overstates what the evidence can prove. No outcome can be guaranteed.

What should you send us for the first review?

ChronologyA clear sequence of events, including key communications and dates.
DocumentsMessages, emails, records, photographs, receipts or other relevant material.
Witness materialPotential witnesses who can address disputed or contextual facts.
Personal impactEmployment, professional, health or family consequences where legally relevant.

ABH & GBH pre-charge FAQs

WHAT YOU ARE ACTUALLY PAYING FOR

What do you receive if you instruct us?

The value is in identifying the points capable of affecting the decision, obtaining or preserving the right material, and presenting the defence case in a form the investigator or prosecutor can properly assess.

Case and charging analysisWe identify the alleged offence, the issues the prosecution would need to prove, the present investigation stage and the realistic decisions available before charge.
Defence evidence planWe identify messages, CCTV, records, witnesses, expert material or other evidence that may undermine the allegation, support the defence account or expose a missing line of enquiry.
Written representationsWhere the timing and evidence justify it, we prepare structured submissions addressing evidential sufficiency, legal issues, reasonable enquiries, public interest and any lawful alternative to prosecution.
Follow-up and next-step adviceWe send the representations to the appropriate decision-maker, deal with sensible follow-up where required and advise on the response, further investigation or any charging decision.

When paid pre-charge work may not be justified

Sometimes the correct advice is not to send representations yet. We may advise that better evidence should first be obtained, a particular enquiry should be requested, the interview position should be protected, or a defence point should not be disclosed prematurely. If a letter would add little, be disproportionate to the issue or create unnecessary strategic risk, we will say so. No solicitor can guarantee that a charge will be avoided.

Current legal frameworkOur approach is grounded in the current Code for Crown Prosecutors, the Director’s Guidance on Charging and the disclosure framework. As at September 2026 the CPS is consulting on a draft ninth edition of the Code; that draft is not yet the operative Code and is not relied on as if it were in force.

Pre-charge strategy

Four questions usually drive the charging analysis

A serious-assault investigation becomes clearer when the evidence is separated into injury, causation, lawful or unlawful force, and the suspect's state of mind.

Injury

Medical evidence should establish what injury was sustained, its seriousness and whether the description relied upon by investigators is accurate.

Causation

The prosecution must connect the defendant's alleged act to the injury. Multiple participants, falls, intervening events and pre-existing conditions may matter.

Self-defence and circumstances

The sequence, perceived threat, retreat or pursuit, weapons, number of people present and contemporaneous footage can all affect whether force was lawful.

Intent and charge selection

Section 18 requires a materially different mental element from section 20. Words, weapon use, repetition, targeting and the surrounding circumstances may be relevant to what intent can properly be inferred.

Documents commonly used in pre-charge work

  • a detailed signed account or witness statement from the client where tactically appropriate;
  • messages, emails, call data and social-media records preserved in original form;
  • CCTV, doorbell footage, photographs and location material;
  • employment, medical, education or character material where it is genuinely relevant;
  • documents showing ownership, payment, consent, authority or chronology;
  • expert or specialist evidence where the issue cannot fairly be resolved without it;
  • a schedule identifying the exact enquiries or material sought from investigators.
Timing matters: representations are usually more useful before the file is finally determined. If a charging decision appears imminent, tell us the bail or review date and provide the core papers as early as possible.
FEES & SCOPEWe scope the work around the decision that is actually approaching.A defined private instruction can include review of the allegation and interview, analysis of the available evidence, an evidence or enquiry plan, written pre-charge representations and proportionate follow-up. Where the scope can be identified in advance we can quote a fixed fee. Larger evidence sets, witness work, conferences, expert material or continuing liaison may require a wider scope. We confirm the work and fee before starting.

Before charge

Before charge, make sure the offence matches the evidence.

Send the alleged offence, police force, interview date, bail or RUI position and the available CCTV, medical or witness material.

Request a pre-charge case review