gbh section 20 suspended sentence
This applies whether the victim is a public or private employee or acting in a voluntary capacity. 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. Your fingerprints and other biometric information will be taken. 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. The most serious sentence that you could face for GBH under Section 20 is 5 years' custody. 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. Here, the injuries suffered by the victim will be relevant. Do not retain this copy. In many cases, a pre-sentence report will be pivotal in helping the court decide whether to impose a community order and, if so, whether particular requirements or combinations of requirements are suitable for an individual offender. 2) Is it unavoidable that a sentence of imprisonment be imposed? Where custody is unavoidable consideration of the impact on dependants may be relevant to the length of the sentence imposed and whether the sentence can be suspended. If necessary, you may be transferred to hospital. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. Regardless of whether you intend to plead guilty or not guilty, experiencing the criminal justice system can be daunting. You will then be taken to the police station where you will be booked in by the custody sergeant. Have you been accused of committing GBH without intent? In particular, a Band D fine may be an appropriate alternative to a community order. The extent to which the offender has complied with the conditions of a licence or order (including the time that has elapsed since its commencement) will be a relevant consideration. Note in particular paragraph 5 for Black, Asian and Minority Ethnic offenders. Suspended sentence for Grievous Bodily Harm at Chesterfield Chesterfield crime solicitor David Gittins Chesterfield Crime Solicitor David Gittins recently represented a young man before Chesterfield Magistrates Court. A terminal prognosis is not in itself a reason to reduce the sentence even further. 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. LOW LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. The victims age, health and other personal factors are relevant when considering whether the appropriate charge is ABH or GBH. Ultimately, this is likely to have a highly significant impact upon whether you are convicted, and the heftiness of your sentence. evaluate the consequences of their actions, any effect of the sentence on the health of the offender and, any effect of the sentence on the unborn child. In particular, they can have the effect of restricting the offenders liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities. What does it mean to be charged for GBH without intent under UK law? The key difference between the offences under Section 18 and Section 20 OAPA is the mindset of the alleged perpetrator. 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. There may be many reasons for these differences, but in order to apply the guidelines fairly sentencers may find useful information and guidance at Chapter 8 paragraphs 186 to 194 of the Equal Treatment Bench Book. The following is a list of factors which the court should consider to determine the level of aggravation. Racial or religious aggravation formed a significant proportion of the offence as a whole. Burglary, Theft and Criminal Damage Solicitors, Serious Violence & Assault Resources & Insights, Serious Violence & Assault News & Stories. This relates to the mental intention of the defendant at the time that the offence was committed. Disqualification in the offenders absence, 9. Do I need a solicitor for a GBH allegation? A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. In addition, first offenders are normally regarded as less blameworthy than offenders who have committed the same crime several times already. If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. How are we dealing with cases in times of social distancing? 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. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. (Young adult care leavers are entitled to time limited support. Aggravated element formed a minimal part of the offence as a whole. His client had been charged with the serious offence of section 20 Grievous Bodily Harm or GBH. The main difference between a Section 18 and a Section 20 assault is the issue of intent. The court should assess the level of harm caused with reference to the impact on the victim. When assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. . Forfeiture or suspension of liquor licence, 24. An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. Section 20. 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. If a PSR has been prepared it may provide valuable assistance in this regard. The best strategic approach to the police interview depends on the circumstances, including the strength of the evidence against you, and whether you have a defence that you intend to rely upon. What is a suspended prison sentence? 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. 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. Aggravated nature of the offence caused minimal or no distress to the victim or the victims family. You also have the option to opt-out of these cookies. i) The guidance regarding pre-sentence reports applies if suspending custody. Section 20 of the Offences against the Person Act 1861 Grievous Bodily Harm (GBH) is more serious than ABH carrying a maximum sentence of 5 years imprisonment/unlimited fine (7 years if racially aggravated). Increase the length of custodial sentence if already considered for the basic offence or consider a custodial sentence, if not already considered for the basic offence. Disqualification until a test is passed, 6. Forfeiture and destruction of weapons orders, 18. (ii) hostility towards members of a religious group based on their membership of that group. 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. Grievous bodily harm is the most serious form of non-fatal assault and can be committed in two ways affecting the level of severity of offence - the difference being whether the crime was committed intentionally or recklessly. (i) hostility towards members of a racial group based on their membership of that group. GBH (grievous bodily harm) always carries a severe sentence, whether with or without intent. Even if youve already been represented by the duty solicitor at the police station, you can instruct the team of criminal defence solicitors at Lawtons, who are experts in this complex area of criminal law. must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, Significant degree of planning or premeditation, Victim obviously vulnerable due to age, personal characteristics or circumstances, Use of a highly dangerous weapon or weapon equivalent*, Use of a weapon or weapon equivalent which does not fall within category A. The following summary offences can be included on an indictment and tried in the Crown Court. For these reasons first offenders receive a mitigated sentence. (6) In this section. (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. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. 68 Emergency workers for the purposes of section 67 (1) In section 67, emergency worker means. The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Plea guideline. Ultimately, whether an offence meets the criteria of GBH is for the jury to assess, applying contemporary social standards. Whenever the court reaches the provisional view that: the court should obtain a pre-sentence report, whether verbal or written, unless the court considers a report to be unnecessary. (v) hostility towards persons who are transgender. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. The aggravating effect of relevant previous convictions reduces with the passage of time; Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise. the resulting injury is not so serious as to amount to GBH; A good criminal defence solicitor will assist you in preparing your plea in mitigation, which could significantly reduce the sentence you are given. GBH carries a maximum penalty of life imprisonment, but in reality, most sentences range from three to sixteen years' imprisonment. v) A custodial sentence that is suspended should be for the same term that would have applied if the sentence was to be served immediately. The culpability and harm will provide the starting point for the sentence. A close examination of the facts is necessary and a clear justification should be given if abuse of trust is to be found. You will then be interviewed in the presence of your legal representative. It also includes wounding, for example by cutting or stabbing. the effect of the sentence on the offender. Section 20 GBH sentencing guidelines A section 20 assault committed in the UK carries a maximum custodial sentence of five years and/or an unlimited fine. When sentencing young adult offenders (typically aged 18-25), consideration should also be given to the guidance on the mitigating factor relating to age and lack of maturity when considering the significance of such conduct. The circumstances of the individual offence and the factors assessed by offence-specific guidelines will determine whether an offence is so serious that neither a fine alone nor a community sentence can be justified. You will then have to appear before the Magistrates Court for your first appearance. Consider a more onerous penalty of the same type identified for the basic offence. At Stuart Miller Solicitors, we understand this and will do our utmost to help you understand and navigate the criminal justice process. These cookies do not store any personal information. iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. 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. After the interview, the police will make a charging decision. We also use third-party cookies that help us analyze and understand how you use this website. (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. 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. , 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. The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? If you are charged, you will then either be remanded in custody, or released on bail. Section 20 GBH Sentencing Guidelines This is an 'either way' offence, which means that the matter can be heard in either the Magistrates' Court or the Crown Court. Section 40 Scope. When sentencing young adult offenders (typically aged 18-25), consideration should also be given to the guidance on the mitigating factor relating to age and/or lack of maturity when considering the significance of this factor. The following factors should be weighed in considering whether it is possible to suspend the sentence: Factors indicating that it would not be appropriate to suspend a custodial sentence, Factors indicating that it may be appropriate to suspend a custodial sentence, Offender presents a risk/danger to the public, Appropriate punishment can only be achieved by immediate custody, History of poor compliance with court orders, Immediate custody will result in significant harmful impact upon others. User guide for this offence Previous convictions are likely to be relevant when they share characteristics with the current offence (examples of such characteristics include, but are not limited to: dishonesty, violence, abuse of position or trust, use or possession of weapons, disobedience of court orders). 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. Section 20 GBH sentencing guidelines A section 20 assault committed in the UK carries a maximum custodial sentence of five years and/or an unlimited fine. Aggravated nature of the offence caused severe distress to the victim or the victims family. 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. Crime and Disorder Act 1998, s.29, Offences against the Person Act 1861, s.20, DATA COLLECTION CROWN COURT ONLY (across all locations of the Crown Court, 9 January to 30 June 2023). Section 20 is when it's grievous bodily harm without intent. These are specified offences for the purposes of section 224 of the Criminal Justice Act 2003 Triable either wayMaximum (section 20): 5 yearsMaximum (section 29): 7 years Offence range: Community order - 4 years' custody Determining the offence category The court should determine the offence category using the table below. Necessary cookies are absolutely essential for the website to function properly. Whatever the circumstances, this is a very uncomfortable and concerning situation to be in. The offence is set out at Section 20 of the Offences against the Person Act 1861. Significant or sustained hospital treatment on the other hand suggests GBH. During the period of the suspension, you must comply with the terms of the order, such as unpaid work The court must give reasons if it decides not to order compensation (Sentencing Code, s.55). (6) Nothing in this section prevents a court from treating the fact that an offence was committed against an emergency worker acting in the exercise of functions as such as an aggravating factor in relation to offences not listed in subsection (3). What is the penalty for GBH? My son has been charged with gbh section 20, there are mitigating circumstances, as in his friend had just just got knocked unconcious in the road and he was trying to make sure he was not moved. Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: disability, sexual orientation or transgender identity, Offence was committed against an emergency worker acting in the exercise of functions as such a worker, Offence was committed against person providing a public service, performing a public duty or providing services to the public, Offence committed against those working in the public sector or providing a service to the public or against a person coming to the assistance of an emergency worker, Offence committed in prison (where not taken into account as a statutory aggravating factor), Any steps taken to prevent the victim reporting an incident, obtaining assistance and/or from assisting or supporting the prosecution, Commission of offence whilst under the influence of alcohol/drugs, Offence committed whilst on licence or post sentence supervision, Failure to comply with current court orders, No previous convictions or no relevant/recent convictions, Mental disorder or learning disability, where not linked to the commission of the offence, Sole or primary carer for dependent relative(s), Determination and/or demonstration of steps taken to address addiction or offending behaviour, Serious medical conditions requiring urgent, intensive or long-term treatment. Aggravated nature of the offence caused some fear and distress throughout local community or more widely. ii) If the court imposes a term of imprisonment of between 14 days and 2 years (subject to magistrates courts sentencing powers), it may suspend the sentence for between 6 months and 2 years (the operational period). Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. Section 20 GBH is a very serious criminal offence which usually results in a lengthy prison sentence. Similarly, a commitment to address other underlying issues that may influence the offenders behaviour may justify the imposition of a sentence that focusses on rehabilitation. Disqualification from driving general power, 10. If a defendant attempts to cause a victim serious harm, it must be assumed that they intended to do so. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. In all cases, the court should consider whether to make compensation and/or other ancillary orders. It can include a small cut or laceration. Abuse of trust may occur in many factual situations. , albeit a case will normally be dealt with in the latter. 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. Grievous bodily harm or GBH is the most serious form of non-fatal assault as the injuries are deemed to cause serious detriment to a victims health, which differs toABH. (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. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. The case may later be transferred to the Crown Court. one of Londons most respected criminal law firms, An injury resulting in permanent disability, loss of sensory function or visible disfigurement, Broken bones including a fractured skull, compound fractures, broken cheekbone, jaw or ribs, Injuries that cause a substantial loss of blood, Unlawfully wounds another person (using unlawful force), Inflicts grievous bodily harm on another person, Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. Section 59(1) of the Sentencing Code provides that: unless the court is satisfied that it would be contrary to the interests of justice to do so.. 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. SECTION 29 RACIALLY OR RELIGIOUSLY AGGRAVATED OFFENCES ONLY. Hi, I am the defendant and my assailant has been convicted of GBH section 20. he is due to be sentenced on 3rd August. 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). Even if youve already been represented by the duty solicitor at the police station, you can instruct the team of. Stuart Miller Solicitors assume no responsibility for the accuracy and correctness of the contents of this website or for any consequences of relying on it. This field is for validation purposes and should be left unchanged. * If order does not contain a punitive requirement, suggested fine levels are indicated below: **Note: Changes to the curfew requirements brought in by the Police, Crime, Sentencing and Courts Act 2022 are set out in the Requirements section in the Overarching Guideline: Imposition of community and custodial sentences, but are not reflected in the ranges above. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. (5) In this section, emergency worker has the meaning given by section 68. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Well aim to get back to you within 30 mins between 9am - 5pm. Where offending is driven by or closely associated with drug or alcohol abuse (for example stealing to feed a habit, or committing acts of disorder or violence whilst drunk) a commitment to address the underlying issue may justify a reduction in sentence. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. 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. In some cases, having considered these factors, it may be appropriate to move outside the identified category range. You have the right to consult with your legal representative privately before you are interviewed. 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. 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. (4) For the purposes of subsection (2) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker. See also the Imposition of community and custodial sentences guideline. GBH the most serious form of non-fatal assault. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. 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). Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. 247 High Road, Wood Green, London, N22 8HF. 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. (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 However, the court must make clear to the offender that all sentencing options remain open including, in appropriate cases, committal for sentence to the Crown Court. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. They are listed in Section 40(3): Common assault (Section 39 Criminal Justice Act 1988) Assaulting a . A Section 20 assault is committed if the defendant: It is not possible to attempt to commit a Section 20 GBH offence. What is the difference between a Section 18 and a Section 20 assault? Is it possible to get a suspended sentence? Sentencing for all three offences sees a significant change under the new guidelines. the act or omission resulted in a nother person receiving an injury or injuries amounting to grievous bodily harm the act was done recklessly (ie that the accused turned their mind to the real prospect of harm and went ahead regardless); the act was done intentionally. In court today charged with GBH section 20. The most serious sentence that you could face for GBH under Section 20 is 5 years custody. Sentencers must consider all available disposals at the time of sentence; even where the threshold for a community sentence has been passed, a fine or discharge may be an appropriate penalty.