Joey Barton - What is a Section 18?

Rhys Rosser • March 11, 2026

Joey Barton's week went from bad to worse, having been ordered to pay Eni Aluko £300,000 he was then refused bail having been arrested for an offence of Section 18 GBH

On 10 March 2026, Joey Barton had been charged with an offence of Section 18 Grievous Bodily Harm with intent.


This offence arises out of the Offences Against the Person Act 1860, a reasonably old piece of legislation but one which continues to deal with offences which fall just short of where death is caused.


In order to be guilty of Section 18, the prosecution must prove the following:

  1. That "really serious harm" or a "wound" was caused - this is taken to having its usual English definition;
  2. That it was caused unlawfully i.e. not in self-defence or lawful defence of another - this must mean that if some evidence is raised the prosecution need to prove it went beyond what was necessary and proportionate;
  3. That it was Joey Barton who caused the injury.


The case is likely to be slightly more complex than the above because there are two Defendants, as such it may involve issues of joint enterprise depending on how the prosecution put their case.


It is perhaps unsurprising that Mr Barton was refused bail, the maximum sentence for an offence of Section 18 is life imprisonment and Mr Barton is already subject to a suspended sentence for calling Jeremy Vine a "bike nonce".


That means that because the offence was committed during the currency of the suspended sentence, if Mr Barton is convicted the suspended sentence will be activated unless it is "unjust" to do so.


The sentencing guidelines suggest that a lengthy custodial sentence will follow for Mr Barton, even if it falls towards the lower end of the guidelines.

Fill in the Below to Contact Rhys and to obtain legal advice

By Rhys Rosser February 11, 2026
The amendments introduced by the Sentencing Act 2026 have somewhat fallen under the radar, which is surprising given their wholesale changes to the sentencing regime. Not only do they create an assumption of sentences being suspended, they increase the term of a suspended sentence and revamp the role of the Sentencing Council. The purpose of sentencing has also been amended in statute to specifically refer to protecting victims of crime, notwithstanding this has been in guidance hitherto.
By Rhys Rosser October 15, 2025
It is becoming increasingly common for HMRC to refer cases involving outstanding VAT to issue VAT security notices, there can be serious consequences including criminal prosecution.
By Rhys Rosser April 29, 2025
Section 32 of the Immigration and Asylum Act 1999 deals with penalties for carrying clandestine entrants into the UK. It allows the Secretary of State to impose fines on individuals responsible for transporting people who have entered the country unlawfully. This applies to owners, hirers, and drivers of vehicles, including detached trailers.
By Rhys Rosser April 14, 2025
Pursuant to Sections 27 and 28 of the Gambling Act 2005, the Gambling Commission has the authority to investigate criminal offences and to authorise charges
By Rhys Rosser April 9, 2025
Sentencing Guidelines are drafted by the Sentencing Council, a body which was set up in April 2010, Judges and magistrates must follow the guidelines issued by the Sentencing Council ‘unless the Court is satisfied that it would be contrary to the interests of justice to do so’.
By Rhys Rosser March 30, 2025
Football banning orders (FBOs) are a legal tool used in the UK to prevent individuals involved in football-related disorder from attending matches. Introduced under the Football Spectators Act 1989 , these orders aimed to manage supporter behaviour and ensure the safety of fans and players.
By Rhys Rosser March 12, 2025
In criminal law, murder and manslaughter are both forms of unlawful killing. The key difference between the two offences relates to the defendant's intent when the death was caused. 
By Rhys Rosser March 2, 2025
Section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that listed building consent is required before carrying out any works that would alter, extend, or demolish a listed building in a way that affects its character as a building of special architectural or historic interest.
By Rhys Rosser February 3, 2025
A restraint order is an order put in place to restrain funds or assets. It can be applied for either by a prosecutor or an accredited financial investigator. An application for a restraint order may be made in the absence of the parties impacted by the order.
By Rhys Rosser January 26, 2025
The Code for Crown Prosecutors is a public document issued by the Director of Public Prosecutions (DPP) . It sets out the principles that Crown Prosecutors must follow when deciding whether to charge a suspect and proceed with a prosecution. The Crown Prosecution Service (CPS) applies this code to ensure fair and consistent decision-making in criminal cases.