Assault / ABH / GBH
If the police want to interview you about an assault, actual bodily harm (ABH), or grievous bodily harm (GBH) allegation, it is important to obtain legal advice as soon as possible.
Understanding Assault, ABH, and GBH
Assault allegations can involve:
- •Common Assault: The least serious form of assault, which can include threatening behaviour or minor physical contact.
- •Actual Bodily Harm (ABH): Assault that causes actual bodily harm, which means any hurt or injury that interferes with health or comfort.
- •Grievous Bodily Harm (GBH): Serious harm, which can include really serious bodily harm (GBH with intent) or wounding with intent.
The police may contact you by phone, letter, or in person. You may be asked to attend a voluntary interview or you may be arrested.
We provide police station representation and advice for assault, ABH, and GBH allegations across Kent. We can attend police stations including Medway, Maidstone, Canterbury, Gravesend, and other custody suites across the county.
If the Police Want to Interview You
If the police want to interview you about an assault, ABH, or GBH allegation:
- 1.Obtain Legal Advice Immediately: Contact a solicitor before speaking to the police. We can advise you on the allegations, the process, and your rights.
- 2.Do Not Attend Unrepresented: Do not attend a voluntary interview without legal advice. We can help you prepare and represent you during interview.
- 3.Understand the Allegations: We can contact the officer in charge to obtain disclosure of the evidence against you before interview.
We can attend police stations across Kent to provide advice and representation. Legal Aid is usually available at the police station for assault interviews.
Voluntary Attendance vs Arrest
You may be asked to attend a voluntary interview or you may be arrested for an assault allegation.
Voluntary Interview
You may be asked to attend the police station at a specific time. The interview is conducted under caution. Anything you say can be used in evidence. You have the right to free legal advice.
Arrest
You may be arrested and taken to a police station. You may be held in custody for questioning. You have the right to free legal advice.
In both cases, early legal advice is important. We can attend voluntary interviews and custody interviews across Kent.
Police Bail and Release Under Investigation
After interview for an assault allegation, you may be:
- •Released Under Investigation (RUI): The investigation continues. You may be contacted again. There are usually no conditions.
- •Police Bail: Conditions may be imposed, such as not contacting the complainant or not going to a specific address. You must return to the police station on a specified date.
- •Charged: You may be charged with an offence and given a court date.
Bail conditions can vary depending on the seriousness of the allegation. We can advise on bail conditions and your obligations. For more information, see our page on police bail explained.
If released under investigation, see our page on released under investigation for guidance.
How We Can Help
If the police want to interview you about an assault, ABH, or GBH allegation, we can:
- •Advise You: We can explain the allegations, the evidence, the process, and your options.
- •Obtain Disclosure: We can contact the officer in charge to request disclosure of the evidence before interview.
- •Prepare You: We can help you prepare for interview, discuss strategy, and advise on your approach.
- •Represent You: We can attend the interview with you, ensure your rights are protected, and help you respond to questions.
- •Guide You: We can advise on bail conditions, RUI, and next steps.
We cover all Kent police stations and can attend voluntary interviews and custody interviews subject to availability and conflicts.
The Importance of Early Advice
Early legal advice is important for assault allegations because:
- •Understanding the Allegations: We can help you understand what you are being accused of, the level of harm alleged, and what evidence the police may have.
- •Disclosure: We can obtain disclosure of the evidence before interview, which can help you prepare.
- •Self-Defence: We can advise on self-defence and other potential defences.
- •Protection: We can ensure your rights are protected and that the interview is conducted fairly.
- •Outcomes: Early advice can help you understand potential outcomes and next steps.
For more information on voluntary interviews, see our page on voluntary police interviews.
Your Rights in Custody
If arrested for an assault allegation, you have rights in custody, including:
- •The right to free legal advice
- •The right to have someone informed of your arrest
- •The right to medical attention if needed
- •The right to read the Codes of Practice
For more information, see our page on your rights in custody.
Frequently Asked Questions
Is legal advice free for assault allegations?
Yes. Legal Aid is usually available at the police station for assault interviews, whether voluntary or under arrest.
What is the difference between assault, ABH, and GBH?
Common assault is the least serious. ABH involves actual bodily harm. GBH involves serious harm and can carry more serious penalties.
What if I am arrested for assault?
If arrested, you will be taken to a police station. You have the right to free legal advice. We can attend to advise and represent you.
Can I have a solicitor at a voluntary interview for assault?
Yes. You have the right to free legal advice and representation at voluntary interviews. The police cannot refuse this.
What if I acted in self-defence?
Self-defence can be a defence to assault allegations. We can advise on self-defence and help you present your case.
What are bail conditions in assault cases?
Bail conditions may include not contacting the complainant or not going to a specific address. Conditions can vary depending on the allegation.
What if I am released under investigation?
If released under investigation (RUI), the investigation continues. You may be contacted again. The police may continue to gather evidence.
Can bail conditions be changed?
Bail conditions can sometimes be varied by applying to the police or court. We can advise on the process.
What happens if I breach bail conditions?
Breaching bail conditions is a criminal offence and can lead to arrest and further charges. It is important to comply with conditions.
How long can an assault investigation take?
Investigations can take weeks or months, especially if released under investigation. The police will contact you when they have made a decision.
What if the police want to interview me again?
If contacted again, you should obtain legal advice. We can help you understand why you are being contacted and what to do next.
Can you help if I am charged?
Yes. We can advise on the charge, court proceedings, and representation. We work with court specialists for ongoing representation.
Which police stations do you cover?
We cover all Kent custody suites, including Medway, Maidstone, Canterbury, Gravesend, and other police stations across Kent.
How quickly can a solicitor attend?
We aim to respond promptly. Attendance times depend on location, custody demand, and solicitor availability.
What Happens Next
If the police want to interview you about an assault, ABH, or GBH allegation, it is important to obtain legal advice as soon as possible. We can:
- •Advise you on the allegations and process
- •Contact the officer in charge to obtain disclosure
- •Help you prepare for interview
- •Attend and represent you during interview
- •Guide you on bail conditions, RUI, and next steps
We cover police stations across Kent and can attend voluntary interviews and custody interviews subject to availability and conflicts.