Legal Support Before and After Charges Are Made
Our commitment to our clients continues beyond the investigation stage. We provide immediate representation during every stage of a pre-charge investigation and throughout any subsequent court proceedings.
Pre-Charge Representation
At the pre-charge stage, we focus on preventing formal charges wherever possible. We help clients by:
- Preparing detailed written representations to the police or Crown Prosecution Service (CPS)
- Challenging searches, device seizures, or restraint of assets
- Reviewing unused material and evidence to identify weaknesses in the investigation
Post-Charge and Trial Preparation
If the CPS applies the Full Code Test (the standard for bringing formal charges), we provide comprehensive representation throughout court proceedings:
- Case Review: Thorough analysis of all prosecution evidence, including medical reports, witness statements, and CCTV
- Expert Team: Instructing leading barristers, forensic experts, and investigators to support your defence
- Court Representation: Skilled advocacy at all hearings, including plea and trial preparation
- Mitigation: we prepare a persuasive case in mitigation to achieve the most favourable sentence possible
What Is Assault Occasioning Actual Bodily Harm?
ABH is an offence under Section 47 of the Offences Against the Person Act 1861. It involves an assault that causes “actual bodily harm,” which includes injuries that interfere with the health or comfort of the victim and are more than minor or transient.
Examples include:
- Severe bruising, cuts, or grazes
- Broken bones or lasting pain
- Psychiatric injury in certain cases.
Common defences may include disputing intent or the cause of injury, challenging causation, arguing that the level of harm does not meet the legal threshold for ABH, or relying on self-defence or defence of another.
Understanding the precise nature of the allegation, and the evidence behind it, is key to building a strong defence.
Our Strategic Approach to ABH Defence
We take a proactive and evidence-driven approach to every ABH case. Our strategy focuses on identifying weaknesses in the prosecution’s evidence and ensuring your rights are fully protected.
This may involve:
- Preparing for interviews under caution: Ensuring you understand your rights and are supported during questioning
- Challenging evidence: Scrutinising the medical evidence, witness statements, and CCTV footage for inconsistencies or inaccuracies
- Representations to the CPS: Submitting detailed written representations, arguing that the evidential test or the public interest test for charging is not met
Why Choose Culbert Ellis?
The impact of an ABH investigation or charge extends far beyond any potential penalty, affecting reputation, employment, and personal liberty. At Culbert Ellis, our resolute solicitors bring extensive experience in criminal defence, collaborating closely with barristers and forensic experts to build the strongest possible defence. We aim to:
- Protect your rights at every stage
- Provide clear, practical guidance and support
- Strive to prevent the case from escalating to court if possible
Free Initial Discussion
If you are under investigation or have been invited to attend an interview under caution, it is essential that you seek legal advice at the earliest opportunity.
Contact James O’Hara today by calling +44 204 600 9900 or email us at info@culbertellis.com.
We assist clients across England & Wales, providing confidential and expert legal support when you need it most.
