The Offences Against the Person Act 1861 is the oldest Act you will revise for the sergeants' exam, and one of the most heavily tested. Its language is Victorian ("unlawfully and maliciously", "penal servitude"), but the questions are modern: a punch outside a nightclub, a bottle in a pub, a hand on a throat in a domestic. The skill being tested is choosing the right rung of the ladder from the injury and the state of mind.
This guide covers sections 18, 20 and 47 in depth, with common assault, assault on an emergency worker and strangulation alongside them. Separate guides on section 47 assault and section 18 and section 20 GBH will go further.
This guide is a revision aid, not legal advice; the exam follows the 2027 Blackstone's manuals, so check every point against your manual.
The Offences Against the Person Act 1861 assault ladder at a glance
| Offence | Act and section | Harm | Mens rea | Mode of trial | Maximum |
|---|---|---|---|---|---|
| Common assault / battery | s.39 CJA 1988 | None needed | Intention or recklessness as to the assault or force | Summary only | 6 months |
| Assault on an emergency worker | s.1 AEW(O)A 2018 | None needed | As for common assault | Either way | 2 years |
| Assault occasioning ABH | s.47 OAPA 1861 | More than transient or trifling | Intention or recklessness as to the assault only | Either way | 5 years |
| Strangulation or suffocation | s.75A SCA 2015 | None needed | Intentional strangulation, or a battery affecting breathing | Either way | 5 years |
| Wounding / inflicting GBH | s.20 OAPA 1861 | Wound or really serious harm | Intended or foresaw some harm | Either way | 5 years |
| Wounding / causing GBH with intent | s.18 OAPA 1861 | Wound or really serious harm | Intent to cause GBH, or to resist or prevent lawful apprehension | Indictable only | Life |
Offences Against the Person Act 1861: the offences in full
Common assault and battery
Common assault is an act by which a person intentionally or recklessly causes another to apprehend immediate unlawful violence. Battery is the intentional or reckless application of unlawful force to another. Both are summary offences under section 39 of the Criminal Justice Act 1988. CPS guidance, following DPP v Taylor and Little [1992], says battery should be charged as "assault by beating".
The usual six-month time limit for summary offences is extended in domestic abuse cases. Under section 39A of the 1988 Act, a common assault or battery that amounts to domestic abuse can be charged within six months of the victim's witness statement or video-recorded interview, up to two years after the offence.
Section 47: assault occasioning actual bodily harm
"Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable … to be kept in penal servitude." (section 47)
In plain terms: an assault or battery that causes actual bodily harm. "Occasioning" means causing. CPS guidance describes the offence as intentionally or recklessly assaulting another, thereby causing ABH. The prosecution has to prove the state of mind for the assault, not for the harm.
Section 20: unlawful wounding or inflicting grievous bodily harm
"Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument…" (section 20)
"Maliciously" means the defendant intended, or foresaw, that some harm might result. They do not have to foresee a wound or serious harm.
Section 18: wounding or causing grievous bodily harm with intent
"Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person … with intent … to do some … grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person…" (section 18)
Section 18 therefore has two intent limbs: intent to cause GBH, or intent to resist or prevent the lawful arrest or detention of anyone. Under the second limb the harm caused must still be a wound or GBH.
Strangulation and suffocation (section 75A Serious Crime Act 2015)
Under section 75A, A commits an offence if A intentionally strangles B, or does any other act to B that affects B's ability to breathe and constitutes battery of B. Consent is a defence, but not where B suffers serious harm (ABH, a wound or GBH) and A intended to cause serious harm or was reckless about it. It was inserted by the Domestic Abuse Act 2021 and came into force on 7 June 2022.
Key fact: Strangulation needs no injury at all. CPS guidance treats it as more serious than ABH even though both carry five years, so a plea to ABH in place of strangulation would not normally be accepted.
Points to prove
| Element | What it means | Evidence an officer gathers |
|---|---|---|
| Assault or battery (s.47) | Caused the victim to apprehend immediate unlawful force, or applied unlawful force | Victim and witness accounts, CCTV, body-worn video |
| Occasioning ABH (s.47) | The assault caused harm that is more than transient or trifling | Photographs, medical notes, injury description over time |
| Unlawfully | No lawful excuse such as self-defence or valid consent | Account in interview, witness evidence on who started it |
| Wound (s.20, s.18) | A break in the continuity of the skin | Medical evidence, photographs of the wound |
| GBH (s.20, s.18) | Really serious harm, judged against this victim | Medical evidence, treatment needed, long-term effect |
| Maliciously (s.20) | Intended or foresaw some harm | Nature of the act, weapon, admissions |
| With intent (s.18) | Intended GBH, or intended to resist or prevent lawful apprehension | Weapon chosen, severity and duration, prior threats, planning, admissions |
| Strangles or affects breathing (s.75A) | Pressure to the neck, or a battery affecting breathing | Victim account, marks, petechiae, medical advice, 999 call |
Mode of trial and maximum penalty
The 1861 Act still says "penal servitude" for sections 20 and 47. The current maximum for both in England and Wales is five years, as stated in the CPS offences against the person guidance. Section 18 carries life, and the Sentencing Council section 18 guideline gives an offence range of 2 to 16 years.
| Offence | Mode of trial | Maximum on indictment |
|---|---|---|
| Common assault or battery (s.39 CJA 1988) | Summary only | 6 months (summary) |
| Assaulting a constable in the execution of duty (s.89 Police Act 1996) | Summary only | Summary penalty |
| Assault on an emergency worker (s.1 AEW(O)A 2018) | Either way | 2 years |
| Assault with intent to resist arrest (s.38 OAPA) | Either way | 2 years |
| ABH (s.47 OAPA) | Either way | 5 years |
| Strangulation or suffocation (s.75A SCA 2015) | Either way | 5 years |
| Wounding or inflicting GBH (s.20 OAPA) | Either way | 5 years |
| Threats to kill (s.16 OAPA) | Either way | 10 years |
| Racially or religiously aggravated common assault (s.29 CDA 1998) | Either way | 2 years |
| Racially or religiously aggravated ABH, s.20 or strangulation (s.29 CDA 1998) | Either way | 7 years |
| Wounding or causing GBH with intent (s.18 OAPA) | Indictable only | Life |
Exam tip: There is no racially or religiously aggravated version of section 18. Section 29 of the Crime and Disorder Act 1998 covers common assault, s.47, s.20 and s.75A only.
Key definitions and leading cases
Actual bodily harm
- R v Donovan [1934]: ABH is harm that need not be permanent but must be more than transient or trifling.
- R v Chan-Fook [1993] and R v D [2006]: psychiatric injury can be ABH, but only a recognised psychiatric illness supported by medical evidence. Emotions such as fear or panic, without a recognised illness, are not enough.
- CPS guidance lists likely ABH injuries: damaged teeth or bones, extensive or severe bruising, cuts needing stitches and loss of consciousness. Grazes, scratches, minor bruising and reddening are more likely to be battery.
Consent
- R v Brown [1994]: consent can be a defence to battery, but not to ABH or GBH unless the activity falls within a recognised exception.
Wound and grievous bodily harm
- A wound needs a break in the continuity of the skin. Bruising alone is not a wound.
- R v Golding [2014]: GBH means really serious harm, which need not be permanent or dangerous.
- R v Bollom [2003]: the seriousness of an injury is judged against the particular victim. The same injuries on a fit adult and on a young child or frail older person can be assessed differently.
State of mind
- R v Savage; DPP v Parmenter [1992]: for section 20, the defendant must intend or foresee that the act might cause some harm. Foresight of serious harm is not needed.
- For section 18, the prosecution must prove intent. CPS guidance points to the choice and use of a weapon, the severity or duration of the attack, prior threats or planning, and admissions.
Exam tip: The injury decides whether you are looking at ABH or GBH. The state of mind then decides between section 20 and section 18. Answer the two questions in that order.
Police powers
- Arrest: section 24 PACE allows arrest without warrant for any of these offences, where a necessity reason applies. Protecting a child or other vulnerable person and preventing physical injury are common reasons in assault cases. See section 24 PACE.
- Entry: section 17(1)(b) PACE allows entry to arrest for an indictable offence (s.47, s.20, s.18 and s.75A are all indictable). Section 17(1)(e) allows entry to save life or limb whatever the offence. See section 17 PACE.
- Search after arrest: section 32 PACE (premises where the person was at or immediately before arrest) and section 18 PACE (premises they occupy or control, with an inspector's written authority) apply only to indictable offences, so not to common assault.
- Use of force and self-defence: a person may use reasonable force in the prevention of crime or in effecting a lawful arrest. See the planned guide on section 3 Criminal Law Act 1967.
The Crime and Policing Act 2026 (s.134) will rewrite the OAPA offences of administering harmful substances, including spiking. On 30 October 2026 that section was not yet in force, so revise sections 22 to 24 in their current form from your manual.
Worked exam scenarios
Scenario 1. WILLIAMS pushes ROBERTS during an argument. ROBERTS falls against a table and suffers a cut above the eye that needs four stitches. WILLIAMS says he never meant to hurt anyone. What offence?
At least section 47, and possibly section 20. The push was an intentional battery, and the cut needing stitches is more than transient or trifling. For ABH, WILLIAMS does not need to have foreseen any harm. The cut is also a wound (a break in the skin), so section 20 is available if the evidence shows WILLIAMS foresaw that some harm might result from the push.
Scenario 2. HUGHES smashes a glass and pushes it into a man's face, then stabs at him again as he falls. The victim needs surgery. HUGHES says it was a reaction. Section 18 or section 20?
Section 18 is the likely charge. The injuries are wounds and probably GBH. Intent can be inferred from the choice of a glass as a weapon, its use to the face and the repeated attack. Section 20 should also be on the indictment as an alternative.
Scenario 3. During a domestic incident MORGAN puts a hand over his partner's mouth and nose for several seconds. She has no visible injury. MORGAN says she agreed to "rough play". What offence, and does consent help?
Section 75A strangulation or suffocation. Covering the mouth and nose is an act that affects breathing and is a battery. Consent would be a defence only if she in fact consented and suffered no serious harm intended or risked by MORGAN; the officer should take a full account from her and consider the wider pattern, including coercive control.
Common exam traps
- ABH needs no foresight of harm. The mens rea is for the assault or battery only.
- Section 20 needs foresight of some harm, not of serious harm or a wound.
- A wound needs a full break in the skin. A broken bone without a skin break is not a wound but may be GBH.
- Section 18 has a second limb: wounding or causing GBH with intent to resist or prevent lawful apprehension. The injury still has to be a wound or GBH.
- No attempted section 20. An attempt requires intent to wound or cause GBH, which is section 18.
- Common assault is summary only, so sections 17(1)(b), 18 and 32 PACE do not apply to it, but section 24 arrest does.
- Strangulation needs no injury, and consent is no defence where serious harm was intended or risked and caused.
- Assault on an emergency worker is either way with a two-year maximum. Emergency workers include constables, police staff and others listed in section 3 of the 2018 Act, and functions carried out off duty can count.
Related offences
- Section 47 assault and section 18 and section 20 GBH: the single-offence deep dives.
- Public Order Act 1986: affray, violent disorder and threatening behaviour.
- Coercive control: repeated controlling behaviour in a relationship, often charged with assaults.
- Hate crime and racially aggravated offences: the section 28 test for aggravation.
- Burglary and aggravated burglary: inflicting GBH as a burglary limb.
Test yourself
Checked against legislation.gov.uk on 30 October 2026, with the CPS offences against the person guidance and the Sentencing Council section 18 guideline.
- Take the free assaults and strangulation topic quiz and mark each question by rung: battery, ABH, section 20 or section 18.
- Sit the free diagnostic to see where assaults sit against your other crime topics.
- Then sit mock 1 in one timed sitting. Our guide to sergeants' exam questions explains how assault scenarios hide the deciding fact, and the NIE assaults quiz adds practice for the detective route.
10 free assaults and strangulation practice questions with answers
Try each one, then open the answer. For a timed experience use the free topic quiz.
1. For an offence under s.47 OAPA 1861, which of the following correctly describes 'actual bodily harm'?
- A. Harm more than transient and trifling, though it need not be permanent
- B. Harm that must be permanent or long-lasting, though it need not be serious
- C. Harm that amounts to really serious harm, judged in the context of the victim
- D. Any harm at all, however slight, including a momentary sting or reddening
Show answer
A. Harm more than transient and trifling, though it need not be permanent
Actual bodily harm need not be permanent but must be more than transient and trifling (R v Donovan [1934]). It can include recognisable psychiatric illness. Really serious harm is the test for grievous bodily harm.
Source: Offences Against the Person Act 1861, s.47; CPS Offences Against the Person charging standard
2. During an argument FERRIS locks his flatmate in her bedroom for two hours so that she cannot leave. He does not move her anywhere. Which of the following is correct?
- A. FERRIS commits kidnapping only if the detention lasted more than a short time
- B. FERRIS commits no offence, because no physical force was applied to his flatmate
- C. FERRIS may commit false imprisonment, but not kidnapping, as she was not taken anywhere
- D. FERRIS commits kidnapping, because he deliberately deprived her of her liberty
Show answer
C. FERRIS may commit false imprisonment, but not kidnapping, as she was not taken anywhere
Kidnapping requires the taking or carrying away of a person by force or fraud, without consent and without lawful excuse (CPS guidance, following R v D [1984]). Locking someone in a room restrains their liberty but does not take or carry them away. That conduct is the common law offence of false imprisonment: the unlawful and intentional or reckless restraint of a person's freedom of movement (R v Rahman [1985]). No physical force on the victim is needed, and the length of the detention does not turn it into kidnapping.
Source: Common law; CPS Child abuse (non-sexual) guidance (kidnapping)
3. Which of the following correctly states the elements of the common law offence of kidnapping?
- A. Detaining a person against their will, without any need for the person to be moved
- B. Taking a child under 16 out of the United Kingdom without the consent of a parent
- C. Detaining a person against their will with intent to obtain a ransom or other demand
- D. Taking or carrying away a person by force or fraud, without consent or lawful excuse
Show answer
D. Taking or carrying away a person by force or fraud, without consent or lawful excuse
Kidnapping is a common law offence. It consists of the taking or carrying away of one person by another, by force or fraud, without the consent of the person taken and without lawful excuse (CPS guidance; R v D [1984]). Detention without any taking or carrying away is false imprisonment, not kidnapping.
Source: Common law; CPS Child abuse (non-sexual) guidance (kidnapping)
4. Under s.1 of the Assaults on Emergency Workers (Offences) Act 2018, what is the maximum penalty on indictment for common assault or battery committed against an emergency worker acting in the exercise of their functions?
- A. Twelve months' imprisonment
- B. Two years' imprisonment
- C. Six months' imprisonment
- D. Five years' imprisonment
Show answer
B. Two years' imprisonment
Section 1(2) AEW(O)A 2018 makes common assault or battery against an emergency worker acting in the exercise of functions triable either way. On summary conviction the maximum is the general limit in a magistrates' court. On indictment the maximum is two years' imprisonment, a fine, or both.
Source: Assaults on Emergency Workers (Offences) Act 2018, s.1
5. XENA, a door supervisor, puts a customer in a chokehold to remove him from a nightclub. There is no domestic relationship between them, and the customer suffers no visible injury. Which of the following is correct regarding s.75A SCA 2015?
- A. The offence cannot apply, because no injury was caused
- B. It can apply: it needs no injury and is not limited to domestic abuse
- C. The offence can apply only if the customer lost consciousness, however briefly
- D. The offence cannot apply, because it is confined to cases involving domestic abuse
Show answer
B. It can apply: it needs no injury and is not limited to domestic abuse
The CPS guidance stresses that s.75A applies to all cases, not just those involving domestic abuse, and should be considered wherever there is evidence of strangulation or suffocation. A chokehold or headlock is a recognised method of strangulation, and no injury is required. Whether any force used was lawful (for example reasonable force to remove a trespasser) would be a separate question.
Source: Serious Crime Act 2015, s.75A; CPS Strangulation and suffocation guidance
6. LOCK punches a man in the eye. The blow ruptures blood vessels inside the eye, causing internal bleeding, but the skin is not broken anywhere. Which of the following is correct?
- A. The injury is a wound, because blood vessels have been ruptured
- B. The injury is not a wound, because there is no break in the continuity of the skin
- C. The injury is not a wound, because a wound can be caused only by a weapon or instrument
- D. The injury is a wound, because there has been internal bleeding
Show answer
B. The injury is not a wound, because there is no break in the continuity of the skin
Proof of wounding requires a break in the continuity of the skin (CPS guidance; JCC v Eisenhower [1984], where internal rupturing of blood vessels in the eye was held not to be a wound). Internal bleeding without a break in the skin is not a wound, although it may amount to ABH or GBH depending on its seriousness.
Source: CPS Offences Against the Person charging standard (wounding)
7. Which of the following describes the offence of common assault, as distinct from battery?
- A. Intentionally or recklessly making another apprehend immediate unlawful violence
- B. Intentionally or recklessly applying unlawful force to another person
- C. Intentionally causing another to fear that violence will be used against them at some future time
- D. Recklessly causing another person any injury that is more than transient or trifling
Show answer
A. Intentionally or recklessly making another apprehend immediate unlawful violence
Common assault is an act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence. Battery is the intentional or reckless application of unlawful force to another. They are separate offences, both placed on a statutory footing by s.39 CJA 1988.
Source: Criminal Justice Act 1988, s.39; CPS Offences Against the Person charging standard
8. Which of the following is correct regarding the offence of strangulation under s.75A(1)(a) Serious Crime Act 2015?
- A. It requires an intentional act of strangulation, but no injury of any kind need be proved
- B. It may be committed recklessly, in the same way as a battery or common assault
- C. It requires proof that the victim's breathing or blood circulation was impeded
- D. It requires proof that the victim suffered at least actual bodily harm
Show answer
A. It requires an intentional act of strangulation, but no injury of any kind need be proved
Section 75A(1)(a) is committed where A intentionally strangles B. The CPS guidance states that strangulation does not require any particular level of force, any injury, or proof of a consequence such as impeded breathing. It requires an intentional act and cannot be committed recklessly. Suffocation under s.75A(1)(b) is the limb that can be committed recklessly, through a battery.
Source: Serious Crime Act 2015, s.75A; CPS Strangulation and suffocation guidance
9. Under s.39 of the Criminal Justice Act 1988, how are common assault and battery triable, and what is the maximum term of imprisonment (other than where committed against an emergency worker)?
- A. Summary only, with a maximum of three months' imprisonment
- B. Summary only, with a maximum term of six months' imprisonment
- C. Either way, with a maximum of two years' imprisonment
- D. Either way, with a maximum of six months' imprisonment
Show answer
B. Summary only, with a maximum term of six months' imprisonment
Section 39(1) CJA 1988 provides that common assault and battery are summary offences, with a maximum of a level 5 fine, six months' imprisonment or both. Section 39(2) makes this subject to s.1 of the Assaults on Emergency Workers (Offences) Act 2018. That provision makes the offence triable either way, with a higher maximum, where the victim is an emergency worker acting in the exercise of their functions.
Source: Criminal Justice Act 1988, s.39
10. Which of the following is correct regarding the offence of wounding or causing grievous bodily harm with intent under s.18 OAPA 1861?
- A. It is triable only on indictment, with a maximum of 14 years' imprisonment
- B. It is triable either way, with a maximum of five years' imprisonment
- C. It is triable either way, with a maximum of life imprisonment
- D. It is indictable only, with a maximum of life imprisonment
Show answer
D. It is indictable only, with a maximum of life imprisonment
The CPS charging standard lists s.18 as indictable only, with a maximum of life imprisonment. What separates s.18 from s.20 is the mens rea: s.18 requires an intention to cause GBH, or an intention to resist or prevent lawful apprehension. Section 20 is triable either way with a maximum of five years.
Source: Offences Against the Person Act 1861, s.18; CPS Offences Against the Person charging standard
Frequently asked questions
+What is a section 47 assault?
Section 47 of the Offences Against the Person Act 1861 is assault occasioning actual bodily harm (ABH). The defendant must commit an assault or battery, intentionally or recklessly, and that must cause harm that is more than transient or trifling. It is triable either way with a maximum of five years' imprisonment.
+What is the difference between section 18 and section 20 GBH?
The harm is the same: a wound or grievous bodily harm. The difference is the state of mind. Section 20 needs only intention or foresight that some harm might result, while section 18 needs an intention to cause grievous bodily harm, or an intention to resist or prevent lawful apprehension. Section 18 is indictable only with a life maximum; section 20 is either way with a five-year maximum.
+What counts as grievous bodily harm?
Grievous bodily harm means really serious harm. It does not have to be permanent or dangerous, and the court looks at its effect on the particular victim, including their age and health. CPS guidance gives examples such as life-changing injuries or injuries needing significant or sustained medical treatment.
+What is the maximum sentence for section 18 GBH?
Wounding or causing grievous bodily harm with intent under section 18 is triable only on indictment and carries a maximum of life imprisonment. The Sentencing Council guideline gives an offence range of 2 to 16 years' custody.
+Is common assault an offence under the 1861 Act?
Common assault and battery are common law offences made summary offences by section 39 of the Criminal Justice Act 1988, with a maximum of six months' imprisonment. Where the victim is an emergency worker acting in that role, section 1 of the Assaults on Emergency Workers (Offences) Act 2018 makes them either way with a two-year maximum.
+Is non-fatal strangulation a separate offence?
Yes. Section 75A of the Serious Crime Act 2015, in force since 7 June 2022, makes it an offence intentionally to strangle someone or to do any other act that affects their ability to breathe and amounts to battery. It is triable either way with a maximum of five years.
+Can you consent to ABH?
Generally not. R v Brown confirmed that consent can be a defence to battery but not to ABH or GBH unless the activity falls within a recognised exception. For strangulation, consent is a defence only where the victim does not suffer serious harm that the defendant intended or was reckless about.
+Can you attempt a section 20 GBH?
Not in practice. An attempt needs an intention to bring about the result, and an intention to cause GBH or a wound is the mens rea of section 18. So an attempt to wound or cause GBH is charged as attempted section 18.
Revision aid, not legal advice. The College of Policing exams follow the 2027 Blackstone's Police Manuals, so check every point against your manual and the current law on legislation.gov.uk. Police Sergeant Exam is independent and not affiliated with the College of Policing, the Home Office or Oxford University Press.
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