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. * 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. (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). We look at the legal elements of this offence, and the sentence you could face if convicted. If you are found guilty of committing GBH without intent, the consequences are severe. 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. In general the more serious the previous offending the longer it will retain relevance. See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3). MEDIUM LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. Examples may include relationships such as teacher and pupil, parent and child, employer and employee, professional adviser and client, or carer (whether paid or unpaid) and dependant. Do I need a solicitor for a GBH allegation? 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). GBH (grievous bodily harm) always carries a severe sentence, whether with or without intent. A Section 20 GBH carries a maximum penalty of 5 years imprisonment; Can I just get a fine for GBH? Criminal Law Explained : Section 20 GBH Grievous Bodily Harm What does it mean to be charged for GBH without intent under UK law? 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. 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. What is the difference between a Section 18 and a Section 20 assault? In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. 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). Reduced period of disqualification for completion of rehabilitation course, 7. Because of this, it is really important to ensure that you have high quality legal representation because your solicitor and barrister will play an important role in helping the court understand your state of mind at the time of events. There is a greater capacity for change in immature offenders and they may be receptive to opportunities to address their offending behaviour and change their conduct. Equally, assault occasioning actual bodily harm could be an alternative verdict if the Defendant is indicted for Section 20 GBH. Criminal justice where does the Council fit? They will also highlight your right to legal representation. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. A section 20 assault committed in the UK carries a maximum custodial sentence of five years and/or an unlimited fine. There are numerous ways that GBH Section 18 offences can be committed, but some examples of events that might be deemed a Section 18 offence include: Causing a disfigurement that can be seen, including a fractured skull, broken leg, head injury that causes a motor disability, and even psychiatric injury that presents visibly. (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. New Sentencing Guidelines for ABH, GBH and GBH With Intent Aggravation related to disability, sexual orientation or transgender identity statutory provisions, 1. 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. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. Aggravated nature of the offence caused minimal or no distress to the victim or the victims family. 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. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. Contact us for a no obligation consultation today. What is the punishment for GBH in UK? - KnowledgeBurrow.com How are we dealing with cases in times of social distancing? (e) hostility related to transgender identity. 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. 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. What is the penalty for GBH? You have the right to consult with your legal representative privately before you are interviewed. Category range Destruction orders and contingent destruction orders for dogs, 9. The extent to which the offender has complied with the conditions of an order (including the time that has elapsed since its commencement) will be a relevant consideration. The GBH or wounding must be caused either with an intent to cause some injury or with knowledge that injury was likely. 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. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. the fact that someone is working in the public interest merits the additional protection of the courts. (ii) services in the support of the provision of NHS health services, and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public. Nick also oversees the overall management of Lawtons Solicitors, a specialist firm of criminal law defence solicitors with branches across London, Hertfordshire, Bedfordshire and Essex. The difference between the two levels of assault depends on whether the crime was committed intentionally or recklessly. A Section 20 assault is committed if the defendant: It is not possible to attempt to commit a Section 20 GBH offence. If a defendant attempts to cause a victim serious harm, it must be assumed that they intended to do so. Any appropriate rehabilitative requirement(s), Curfew requirement for example up to 16 hours per day for a few weeks**, Curfew requirement for example up to 16 hours per day for 2 3 months**, Exclusion requirement lasting in the region of 6 months, Curfew requirement for example up to 16 hours per day for 4 12 months**, Exclusion requirement lasting in the region of 12 months. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence. Do not retain this copy. Aggravated element formed a minimal part of the offence as a whole. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. Is section 20 GBH an indictable offence? 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. For Section 20 cases, depending on the injuries and factors involved, the court will sometimes consider imposing non-custodial or suspended sentences. Where an offender deliberately causes additional harm to a victim over and above that which is an essential element of the offence - this will increase seriousness. These cookies do not store any personal information. Either or both of these considerations may justify a reduction in the sentence. (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. Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. This will depend on the context in which the offence occurred. Whatever the circumstances, this is a very uncomfortable and concerning situation to be in. The custody sergeant will ask you if you wish to have anyone informed of your arrest. Medium level community order 1 years custody. 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. The presence of one or more children may in some situations make the primary victim more vulnerable for example an adult may be less able to resist the offender if concerned about the safety or welfare of children present. What is worse GBH or assault? 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. Section 20 Assault - Unlawful Wounding/Grievous Bodily Harm (GBH) Section 20 Assault involves grievous (or really serious) bodily harm or a wound. 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 court must give reasons if it decides not to order compensation (Sentencing Code, s.55). Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. A custodial sentence must not be imposed unless the offence or the combination of the offence and one or more offences associated with it was so serious that neither a fine alone nor a community sentence can be justified for the offence. (i) hostility towards members of a racial group based on their membership of that group. This relates to the mental intention of the defendant at the time that the offence was committed. Where the offender is dealt with separately for a breach of a licence or order regard should be had to totality. Your fingerprints and other biometric information will be taken. . Extension period of disqualification from driving where a custodial sentence is also imposed, 2. 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. 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. 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. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. If, instead, they tackle their partner to the floor, intending to restrain them and in doing so their partner hits their head causing bleeding from the skull, the defendant could be charged under Section 20. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. Previous convictions of a type different from the current offence. If the GBH assault involves the use of a weapon, the offence will consequently incur a more serious sentence, and will often be charged as a Section 18 case as the assault will be considered . Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It can include a small cut or laceration. This applies regardless of whether the offender is under the influence of legal or illegal substance(s). 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. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. What is a suspended prison sentence? For these reasons first offenders receive a mitigated sentence. Section 20 Assault and Section 18 Assault - Grievous Bodily Harm In all likelihood they have committed a Section 18 offence because at the time of the incident, they intended to wound them. Additionally an offence may be made more serious where an offender has abused their position to facilitate and/or conceal offending. GBH can be committed in two ways, which affect the level of severity of offence. Prevalence and community impact statements, General guideline: overarching principles, Reduction in sentence for a guilty plea - first hearing on or after 1 June 2017, Sentencing offenders with mental disorders, developmental disorders, or neurological impairments, How to use the pronouncement-card builder, Racially or religiously aggravated grievous bodily harm, Overarching Principles Sentencing Children and Young People, Imposition of Community and Custodial Sentences definitive guideline, Imposition of Community and Custodial Sentences, Overarching Principles: Domestic Abuse Definitive Guideline, Imposition of community and custodial sentences guideline, Chapter 6 of Part 10 of the Sentencing Code, Ancillary orders Crown Court Compendium, Offences only just cross community order threshold, where the seriousness of the offence or the nature of the offenders record means that a discharge or fine is inappropriate, Offences that obviously fall within the community order band, Offences only just fall below the custody threshold or the custody threshold is crossed but a community order is more appropriate in the circumstances. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. If a PSR has been prepared it may provide valuable assistance in this regard. GBH & ABH Solicitors & Lawyers in London | Lawtons Ultimately, this is likely to have a highly significant impact upon whether you are convicted, and the heftiness of your sentence. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. Here is an example of the difference between the two offences: As this example illustrates, when deciding which is the appropriate charge, the jury has to try to decide upon what was in the defendants mind at the time of events. 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. Where the offender is dealt with separately for a breach of an order regard should be had to totality. 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. 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. The ultimate severity of an injury does not determine the classification of the offence or indeed the resulting sentence, although it can go some way towards determining intent. A close examination of the facts is necessary and a clear justification should be given if abuse of trust is to be found. Where the current offence is significantly less serious than the previous conviction (suggesting a decline in the gravity of offending), the previous conviction may carry less weight. 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. The court will be assisted by a PSR in making this assessment. The offence is also more serious if the victim of the assault is an emergency worker. the resulting injury is not so serious as to amount to GBH; 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. 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. Disqualification from driving general power, 10. It is mandatory to procure user consent prior to running these cookies on your website. Aggravated nature of the offence caused severe distress to the victim or the victims family. All of the above injuries can be inflicted intentionally or recklessly and it is this factor that will ultimately determine the charge and punishment given for the offence. The following guidance should be considered when seeking to determine the degree to which previous convictions should aggravate sentence: Section 65 of the Sentencing Code states that: (1) This section applies where a court is considering the seriousness of an offence (the current offence) committed by an offender who has one or more relevant previous convictions. A Guide to Grievous Bodily Harm (GBH) Defences - Stuart Miller Solicitors Magistrates may find that, although the appropriate sentence for the basic offence would be within their powers, the appropriate increase for the aggravated offence would result in a sentence in excess of their powers. 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. It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence.*. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. 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. The most severe cases will take a starting point of 4-years imprisonment. Section 20 GBH is a very serious criminal offence which usually results in a lengthy prison sentence. A good criminal defence solicitor will assist you in preparing your plea in mitigation, which could significantly reduce the sentence you are given. Penalty notices fixed penalty notices and penalty notices for disorder, 7. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. 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. (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.

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