Triable either way Section 20 Maximum: 5 years' custody Offence range: Community order - 4 years 6 months' custody Section 29 Maximum: 7 years' custody These are specified offences for the purposes of section 226A (extended sentence for certain violent, sexual or terrorism offences) of the Criminal Justice Act 2003. The maximum sentence for this is life imprisonment. It may also include ad hoc situations such as a late-night taxi driver and a lone passenger. However, this would depend on the circumstances and especially the specific mental intention of the defendant at the time of their action. Section 20 assaults do inflict injuries which are seriously detrimental to the health of the victim, but in these cases the defendant has no mens rea (knowledge or intention of wrongdoing), and sentences are capped at five years imprisonment. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. The court should determine the offence category with reference only to the factors listed in the tables below. GBH stands for grievous bodily harm. This is old legal terminology that the courts have determined means really serious harm. Section 64 of the Sentencing Code states: In considering the seriousness of any offence committed while the offender was on bail, the court must - (a) treat the fact that it was committed in those circumstances as an aggravating factor and (b) state in open court that the offence is so aggravated. Offences for which penalty notices are available, 5. Wife and I had major row, I slapped her across face after major provocation, - Answered by a verified Solicitor . The court must have regard to the totality of the offenders criminality when passing the second sentence, to ensure that the total sentence to be served is just and proportionate. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. The court must ensure that the restriction on the offenders liberty is commensurate with the seriousness of the offence and that the requirements imposed are the most suitable for the offender. Equally, assault occasioning actual bodily harm could be an alternative verdict if the Defendant is indicted for Section 20 GBH. Only the online version of a guideline is guaranteed to be up to date. What is a suspended prison sentence? In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. How are we dealing with cases in times of social distancing? Highly dangerous weapon equivalents can include corrosive substances (such as acid), whose dangerous nature must be substantially above and beyond the legislative definition of an offensive weapon which is; any article made or adapted for use for causing injury, or is intended by the person having it with him for such use. the resulting injury is not so serious as to amount to GBH; In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary, More intensive sentences which combine two or more requirements may be appropriate. For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing. Previous convictions of a type different from the current offence. GBH (grievous bodily harm) always carries a severe sentence, whether with or without intent. The most severe cases will take a starting point of 4-years imprisonment. The courts have determined that GBH does not need to cause permanent or dangerous harm and that an assault does not need to have been committed for an incident to comprise GBH. Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. The level of culpability is determined by weighing all the factors of the case. Any permanent damage would increase the harm caused. Maximum sentence for the aggravated offence on indictment is 7 years custody (maximum when tried summarily is 6 months custody), Care should be taken to avoid double counting factors already taken into account in assessing the level of harm at step one, HIGH LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. Imposition of fines with custodial sentences, 2. However, such a condition, even when it is difficult to treat in prison, will not automatically entitle the offender to a lesser sentence than would otherwise be appropriate. MEDIUM LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. However, factors such as evidence of planning, prior threats and the adaptation of a weapon can make the difference between the assault being charged as a Section 18 or Section 20 offence. The following injuries are classified as GBH: If a defendant is charged with committing GBH without intent, it does not necessarily mean that they inflicted less severe injuries on the victim. (g) unlawfully causes any explosive substance to explode; or (h) sends or delivers any explosive substance or other dangerous or noxious thing to any person; or (i) causes any such substance or thing to be taken or received by any person; or (j) puts any corrosive fluid or any destructive or explosive substance in any place; or 3) What is the shortest term commensurate with the seriousness of the offence? (2) It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid. But, an offenders knowledge that he will likely face the prospect of death in prison, subject only to the ERCG provisions, is a factor that can be considered by the sentencing judge when determining the sentence that it would be just to impose. See also the Imposition of community and custodial sentences guideline. A simple assertion of the fact may be insufficient, and the offenders demeanour in court could be misleading, due to nervousness, a lack of understanding of the system, a belief that they have been or will be discriminated against, peer pressure to behave in a certain way because of others present, a lack of maturity etc. (i) hostility towards members of a racial group based on their membership of that group. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. The offence is set out at Section 18 and Section 20 of the Offences Against the Person Act 1861 (OAPA), which is a really old piece of legislation that explains the archaic terminology. Refer to the. Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Miscellaneous amendments to sentencing guidelines, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, 8. (6) This section has effect in relation to a person who is convicted of the offence on or after the date on which section 156 of the Police, Crime, Sentencing and Courts Act 2022 comes into force. The court must impose a sentence that properly meets the aims of sentencing even if it will carry the clear prospect that the offender will die in custody. This website uses cookies to ensure you get the best experience on our website. The offence is set out at Section 20 of the Offences against the Person Act 1861. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. The fact that an offender is voluntarily intoxicated at the time of the offence will tend to increase the seriousness of the offence provided that the intoxication has contributed to the offending. First time offenders usually represent a lower risk of reoffending. to discuss your options and how we can prepare the best case from the outset. For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. If you are caught at the scene of a GBH incident, the police are likely to caution and arrest you and to cordon off a crime scene so that forensic evidence can be taken. The CPS, and later in the case juries, often have to decide whether an offence is sufficiently serious to be categorised as GBH or whether the proper charge is the less serious offence of Actual Bodily Harm (ABH). The same incident could have a much more serious impact on an elderly or vulnerable person, and this is relevant for the jury to take into account when reaching their verdict. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. The decision as to the appropriate range of community order should be based upon the seriousness of the new offence(s) (which will take into account any previous convictions). Having determined the category of the basic offence to identify the sentence of a non-aggravated offence, the court should now consider the level of racial or religious aggravation involved and apply an appropriate uplift to the sentence in accordance with the guidance below. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Aggravation related to disability, sexual orientation or transgender identity statutory provisions, 1. i) The guidance regarding pre-sentence reports applies if suspending custody. (a) in the case of a prisoner custody officer, means the functions specified in section 80(1) of the Criminal Justice Act 1991; (b) in the case of a custody officer, means the functions specified in paragraph 1 of Schedule 1 to the Criminal Justice and Public Order Act 1994; NHS health services means any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 and under section 1(1) of the National Health Service (Wales) Act 2006; prisoner custody officer has the meaning given by section 89(1) of the Criminal Justice Act 1991. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. This will be particularly relevant where the court is considering whether to impose a sentence that focuses on rehabilitation. Forfeiture and destruction of weapons orders, 18. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. See Totality guideline. GBH is a very serious offence so even if you are a first-time offender you could still face jail time. Where information is available on the context of previous offending this may assist the court in assessing the relevance of that prior offending to the current offence, the fact that people in public facing roles are more exposed to the possibility of harm and consequently more vulnerable and/or. iii) Where the court imposes two or more sentences to be served consecutively, the court may suspend the sentence where the aggregate of the terms is between 14 days and 2 years (subject to magistrates courts sentencing powers). This could lead to them being convicted of a lesser offence, or even being acquitted altogether. Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. Hi, I am the defendant and my assailant has been convicted of GBH section 20. he is due to be sentenced on 3rd August. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. At Stuart Miller Solicitors, we understand this and will do our utmost to help you understand and navigate the criminal justice process. But opting out of some of these cookies may have an effect on your browsing experience. , then your first step should be to seek immediate legal representation, as the police begin building a case against you from the moment you are arrested. Where no offence specific guideline is available to determine seriousness, the harm caused by the offence, the culpability of the offender and any previous convictions will be relevant to the assessment. When considering the totality of previous offending a court should take a rounded view of the previous crimes and not simply aggregate the individual offences. (2) If the offence was committed against a person providing a public service, performing a public duty or providing services to the public, the court. The case may later be transferred to the Crown Court. Where there are characteristics present which fall under different levels of aggravation, the court should balance these to reach a fair assessment of the level of aggravation present in the offence. Care should be taken to avoid double counting matters taken into account when considering previous convictions. Category range We are available to represent accused individuals 24 hours a day to protect your rights and give you the best chance of a positive outcome. This guideline applies only to offenders aged 18 and older. A terminal prognosis is not in itself a reason to reduce the sentence even further. The custody sergeant will ask you if you wish to have anyone informed of your arrest. Offence committed for commercial purposes, 11. 3 years 4 years 6 months custody, Category range When considering a community or custodial sentence for an offender who has, or may have, caring responsibilities the court should ask the Probation Service to address these issues in a PSR. . The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Code. These cookies will be stored in your browser only with your consent. Such offences occur when race or religion are the main motivation for the attack or the offender is part of a group that promotes hostility towards people of certain races or religions. Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. This is because it would seem less credible if you raised the defence of self-defence at court, without having first mentioned it to the police. For further information see Imposition of community and custodial sentences. Section 20 assault, unlike Section 18 assault which is intentional can be heard in both the magistrates court and crown court, albeit a case will normally be dealt with in the latter. For offences under section 20 the maximum sentence is 5 years, so a non-custodial sentence is more likely. It also includes wounding, for example by cutting or stabbing. If you are arrested by police for GBH, then your first step should be to seek immediate legal representation, as the police begin building a case against you from the moment you are arrested. Please tell us if there is an issue with this guideline to do with the accuracy of the content, how easy the guideline is to understand and apply, or accessibility/broken links. Therefore a young adults previous convictions may not be indicative of a tendency for further offending. GBH without intent is committed when someone inflicts really serious injuries without intending to do so, but has acted recklessly in causing that harm or pain. Where there are previous offences but these are old and /or are for offending of a different nature, the sentence will normally be reduced to reflect that the new offence is not part of a pattern of offending and there is therefore a lower likelihood of reoffending. Regardless of whether you intend to plead guilty or not guilty, experiencing the criminal justice system can be daunting. To ensure that the overall terms of the suspended sentence are commensurate with offence seriousness, care must be taken to ensure requirements imposed are not excessive. (a) an offence of common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies; (b) an offence under any of the following provisions of the Offences against the Person Act 1861. Forfeiture or suspension of liquor licence, 24. The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? Factors such as planning, premeditation, or if the offence was carried out in the context of gang activity, will increase culpability. The court can take account of physical disability or a serious medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the offender, or as a matter of generally expressed mercy in the individual circumstances of the case. However, this factor is less likely to be relevant where the offending is very serious. What happens for a first offence of assault? Note in particular paragraph 5 for Black, Asian and Minority Ethnic offenders. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. Pay for any outstanding fees quickly and securely by clicking below. (a) references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins; (b) references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief; (c) membership in relation to a racial or religious group, includes association with members of that group; (d) disability means any physical or mental impairment; (e) references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment; (f) presumed means presumed by the offender. Many young people who offend either stop committing crime, or begin a process of stopping, in their late teens and early twenties. This article aims to explain the law around GBH. This applies regardless of whether the offender is under the influence of legal or illegal substance(s). These cookies do not store any personal information. If alcohol was the reason behind the attack and the attacker is now getting help with his alcohol problem will he still get a prison sentence. This is your role in the offence. The court should assess the level of harm caused with reference to the impact on the victim. Reoffending rates for first offenders are significantly lower than rates for repeat offenders. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. Whatever the circumstances, this is a very uncomfortable and concerning situation to be in. Effective in relation to convictions on or after 28 June 2022, 68A Assaults on those providing a public service etc, (a) a court is considering the seriousness of an offence listed in subsection (3), and. (6) In this section. That said, the charge of wounding with intent should generally only be used in cases where the wounding was serious. If a defendant attempts to cause a victim serious harm, it must be assumed that they intended to do so. Do not retain this copy. Even if youve already been represented by the duty solicitor at the police station, you can instruct the team of. After the interview, the police will make a charging decision. Well aim to get back to you within 30 mins between 9am - 5pm. You are strongly advised to obtain case-specific advice from a Lawyer about any legal proceedings or matters and not to rely on the information or comments on this website. The court will be assisted by a PSR in making this assessment. (a) a prison; (b) a young offender institution, secure training centre or secure college; (c) a removal centre, a short-term holding facility or pre-departure accommodation, as defined by section 147 of the Immigration and Asylum Act 1999; (d) services custody premises, as defined by section 300(7) of the Armed Forces Act 2006; custody officer has the meaning given by section 12(3) of the Criminal Justice and Public Order Act 1994; escort functions. General principles to be considered in the sentencing of children and young people are in the Sentencing Council definitive guideline, Overarching Principles Sentencing Children and Young People. The legislation states that you commit GBH when you unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument.. In particular, a Band D fine may be an appropriate alternative to a community order. Even if no such circumstances are present, if you are of previous good character and you have not committed any similar offences in the past this will reduce the length of your sentence. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. History of significant violence or abuse towards the offender by the victim, the offenders responsibility for the offence and. (1) This section applies where a court is considering the seriousness of an offence listed in subsection (3). Generally the sentence for the new offence will be consecutive to the sentence being served as it will have arisen out of an unrelated incident. If so, they must commit for sentence to the Crown Court. You will then be interviewed in the presence of your legal representative. In addition when sentencing an offender who is pregnant relevant considerations may include: The court should ensure that it has all relevant information about dependent children before deciding on sentence. For offences under Section 18, you could face life imprisonment. This category only includes cookies that ensures basic functionalities and security features of the website. For racially or religiously aggravated offences the category of the offence should be identified with reference to the factors below, and the sentence increased in accordance with the guidance at Step Three. (5) In this section, emergency worker has the meaning given by section 68. This is where the judge gives you a prison sentence but says that you will not go immediately to prison. Section 20 GBH is a very serious criminal offence which usually results in a lengthy prison sentence. Section 18 of the OAPA sets out the offence of shooting or attempting to shoot, or wounding with intent to do grievous bodily harm., Meanwhile, Section 20 sets out the offence of inflicting bodily injury, with or without a weapon. This field is for validation purposes and should be left unchanged. This reflects the psychological harm that may be caused to those who witnessed the offence. The prospect of death in the near future will be a matter considered by the prison authorities and the Secretary of State under the early release on compassionate grounds procedure (ERCG). Olliers assisted in securing a suspended sentence following a guilty plea by a defendant facing a charge of s.20 assault where a young child was injured. Where an offender has been given an inappropriate level of responsibility, abuse of trust is unlikely to apply. Disqualification in the offenders absence, 9. His client had been charged with the serious offence of section 20 Grievous Bodily Harm or GBH. Custody should not be imposed where a community order could provide sufficient restriction on an offenders liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. Numerous and frequent previous convictions might indicate an underlying problem (for example, an addiction) that could be addressed more effectively in the community and will not necessarily indicate that a custodial sentence is necessary. Grievous bodily harm (GBH) is basically 'really serious bodily harm'. If they were responding to violence used by their partner, they may be able to rely upon the defence of self-defence. However, factors such as evidence of planning, prior threats and the adaptation of a weapon can make the difference between the assault being charged as a Section 18 or Section 20 offence. Disqualification from ownership of animals, 11. Cases falling between category A or C because: Factors in both high and lesser categories are present which balance each other out; and/or, The offenders culpability falls between the factors as described in high and lesser culpability, Impulsive/spontaneous and short-lived assault, Mental disorder or learning disability, where linked to the commission of the offence, Particularly grave and/or life-threatening injury caused, Injury results in physical or psychological harm resulting in lifelong dependency on third party care or medical treatment, Offence results in a permanent, irreversible injury or condition which has a substantial and long term effect on the victims ability to carry out their normal day to day activities or on their ability to work, Offence results in a permanent, irreversible injury or condition not falling within category 1, The seriousness of the offence should be the. that a sentence that falls at the very lowest level of seriousness for GBH with Intent could now take the form of a suspended sentence. By contrast, for the Section 20 offence, the court only has to find that he or she intended or foresaw some harm resulting from the incident. If an adjournment cannot be avoided, the information should be provided to the Probation Service in written form and a copy retained on the court file for the benefit of the sentencing court.
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