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. 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. Aggravated nature of the offence caused serious fear and distress throughout local community or more widely. 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. Significant or sustained hospital treatment on the other hand suggests GBH. 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. Category range Also, the impact upon the victims ability to carry out day to day activities, including work, will be taken into account. Following a domestic argument, a person goes to the kitchen drawer, removes a knife and stabs their partner. SECTION 29 RACIALLY OR RELIGIOUSLY AGGRAVATED OFFENCES ONLY. If so, they must commit for sentence to the Crown Court. These cookies do not store any personal information. Offender was a member of, or was associated with, a group promoting hostility based on race or religion. the fact that someone is working in the public interest merits the additional protection of the courts. Additionally an offence may be made more serious where an offender has abused their position to facilitate and/or conceal offending. GBH carries a maximum penalty of life imprisonment, but in reality, most sentences range from three to sixteen years' imprisonment. Here, the injuries suffered by the victim will be relevant. 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 court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence (separate from any guilty plea reduction). 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. (3) In this section custodial institution means any of the following. 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. (Young adult care leavers are entitled to time limited support. Nick Titchener, director and solicitor advocate at Lawtons, one of Londons most respected criminal law firms, discusses this complex area of the law and its implications. 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. Pay for any outstanding fees quickly and securely by clicking below. Having determined the category, the court should use the corresponding starting points to reach a sentence within the category range below. If a defendant attempts to cause a victim serious harm, it must be assumed that they intended to do so. 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. In court today charged with GBH section 20. (iii) hostility towards persons who have a disability or a particular disability, (iv) hostility towards persons who are of a particular sexual orientation, or (as the case may be). 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. Adapting or altering an item with the intention of causing harm, such as smashing a glass prior to an attack, Using a weapon on the victims head, or kicking the victim in the head. 68 Emergency workers for the purposes of section 67 (1) In section 67, emergency worker means. What happens for a first offence of assault? 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. 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). 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 requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. Meanwhile, if you were forced or coerced into committing the offence, or if you committed the offence in self-defence, even if the violence used was excessive, this would reduce your culpability. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. Whether the Magistrates' Court is prepared to deal with the matter will depend upon the circumstances of the case and the nature of the injuries sustained. . Where an offender has been given an inappropriate level of responsibility, abuse of trust is unlikely to apply. We will be able to advise you of the likely sentence you will receive if you are found guilty. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. 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. The court should consider whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose an extended sentence (sections 266 and 279). (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). Note that for Section 18 offences, the trial will always be heard in the Crown Court. History of violence or abuse towards victim by offender. Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. (iii) a disability (or presumed disability) of the victim, (iv) the sexual orientation (or presumed sexual orientation) of the victim, or (as the case may be), (v) the victim being (or being presumed to be) transgender, or, (b) the offence was motivated (wholly or partly) by. The custody sergeant will ask you if you wish to have anyone informed of your arrest. 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. Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. 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. See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). For further information see Imposition of community and custodial sentences. The key difference between the offences under Section 18 and Section 20 OAPA is the mindset of the alleged perpetrator. When considering a custodial or community sentence for a young adult the Probation Service should address these issues in a PSR. That said, the charge of wounding with intent should generally only be used in cases where the wounding was serious. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. It may be helpful to indicate to the Probation Service the courts preliminary opinion as to which of the three sentencing ranges is relevant and the purpose(s) of sentencing that the package of requirements is expected to fulfil. the effect of the sentence on the offender. 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. Equally, assault occasioning actual bodily harm could be an alternative verdict if the Defendant is indicted for Section 20 GBH. A close examination of the facts is necessary and a clear justification should be given if abuse of trust is to be found. Instruct an expert criminal law solicitor to represent you 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. If you are found guilty of committing GBH without intent, the consequences are severe. 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. Examples may include, but are not limited to, posts of images on social media designed to cause additional distress to the victim. (e) hostility related to transgender identity. 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. (3) So far as it relates to racial and religious hostility, this section does not apply in relation to an offence under sections 29 to 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated offences). When assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. 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. In some cases, having considered these factors, it may be appropriate to move outside the identified category range. Next, the court will consider the harm that has been caused. GBH is classified a criminal offence under Section 18 and 20 of the Offence Against the Person Act 1861 (OAPA). In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offenders release. This reflects the psychological harm that may be caused to those who witnessed the offence. (i) the victims membership (or presumed membership) of a racial group. 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). The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? 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. Disqualification in the offenders absence, 9. If the police do not yet have sufficient evidence to charge you, they could release you on bail, or release you under investigation.. An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. A case of particular gravity, reflected by multiple features of culpability in step one, could merit upward adjustment from the starting point before further adjustment for aggravating or mitigating features, set out below. Nick Titchener, director and solicitor advocate of Lawtons, is a dedicated criminal solicitor with considerable experience in legal cases including sexual offences, violence and assault. (i) hostility towards members of a racial group based on their membership of that group. Disqualification from driving general power, 10. Section 20 Assault Section 20 carries the lowest . MEDIUM LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. This relates to the mental intention of the defendant at the time that the offence was committed. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. At Stuart Miller Solicitors, we understand this and will do our utmost to help you understand and navigate the criminal justice process. Unlike ABH, there is a question of intent. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. 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). (4) For the purposes of this section, an offence is aggravated by hostility of one of the kinds mentioned in subsection (1) if, (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on. , 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. 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. In order for an abuse of trust to make an offence more serious the relationship between the offender and victim(s) must be one that would give rise to the offender having a significant level of responsibility towards the victim(s) on which the victim(s) would be entitled to rely. (ii) section 18 (wounding with intent to cause grievous bodily harm); (iv) section 23 (administering poison etc); (v) section 28 (causing bodily injury by explosives); (vi) section 29 (using explosives etc with intent to do grievous bodily harm); (vii) section 47 (assault occasioning actual bodily harm); (b) an offence under section 3 of the Sexual Offences Act 2003 (sexual assault); (e) an inchoate offence in relation to any of the preceding offences. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. Commission of an offence while subject to a. The most serious sentence that you could face for GBH under Section 20 is 5 years custody. Forfeiture or suspension of liquor licence, 24. the length of imprisonment which represents the shortest term commensurate with the seriousness of the offence; Previous convictions are considered at step two in the Councils offence-specific guidelines. If necessary, you may be transferred to hospital. Keeping this in view, what is the sentence for GBH section 20? LOW LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. It also includes wounding, for example by cutting or stabbing. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. (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. Penalty notices fixed penalty notices and penalty notices for disorder, 7. 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. Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. 2nd July 2020 |, 18th June 2018 |, 1st March 2018 |. 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.
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