It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. What happens for a first offence of assault? 68 Emergency workers for the purposes of section 67 (1) In section 67, emergency worker means. For these reasons first offenders receive a mitigated sentence. 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. This relates to the mental intention of the defendant at the time that the offence was committed. Disqualification in the offenders absence, 9. Penalties. 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). If a defendant attempts to cause a victim serious harm, it must be assumed that they intended to do so. There will always be a need to balance issues personal to an offender against the gravity of the offending (including the harm done to victims), and the public interest in imposing appropriate punishment for serious offending. His client had been charged with the serious offence of section 20 Grievous Bodily Harm or GBH. Unlike ABH, there is a question of intent. Aggravated nature of the offence caused some distress to the victim or the victims family. What is the penalty for GBH? 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. The maximum sentence for a Section 20 GBH is 5-years imprisonment. (6) In this section. 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. What is worse GBH or assault? Section 20 Assault Section 20 carries the lowest . 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. 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. 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. 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. 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. 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. The information and commentary does not, and is not intended to, amount to legal advice and the writers / participants do not intend that it should be relied upon. 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. 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. MEDIUM LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. If you require medical treatment, a health care professional at the police station will assess you. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. Suggested starting points for physical and mental injuries, 1. Sentencing for all three offences sees a significant change under the new guidelines. An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. 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. (2) If the offence was committed against an emergency worker acting in the exercise of functions as such a worker, the court, (a) must treat that fact as an aggravating factor, and, (3) The offences referred to in subsection (1) are, (a) an offence under any of the following provisions of the Offences against the Person Act 1861. 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. These can include broken bones or permanent disfigurement. (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. 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. the effect of the sentence on the offender. Where the GBH is racially or religiously aggravated, the maximum sentence is 7 years custody. 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 . 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 main difference between a Section 18 and a Section 20 assault is the issue of intent. A person charged under Section 20 will always require legal representation as soon as they have been charged. Care should be taken to avoid double counting matters taken into account when considering previous convictions. However, this would depend on the circumstances and especially the specific mental intention of the defendant at the time of their action. In particular young adults (typically aged 18-25) are still developing neurologically and consequently may be less able to: Young adults are likely to be susceptible to peer pressure and are more likely to take risks or behave impulsively when in company with their peers. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. (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). Ultimately, whether an offence meets the criteria of GBH is for the jury to assess, applying contemporary social standards. Your fingerprints and other biometric information will be taken. 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. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. In the case of a person addicted to drugs or alcohol the intoxication may be considered not to be voluntary, but the court should have regard to the extent to which the offender has sought help or engaged with any assistance which has been offered or made available in dealing with the addiction. Where the offender is a care leaver the court should enquire as to any effect a sentence may have on the offenders ability to make use of support from the local authority. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. This category only includes cookies that ensures basic functionalities and security features of the website. In court today charged with GBH section 20. If the police do not yet have sufficient evidence to charge you, they could release you on bail, or release you under investigation.. 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). This applies whether the victim is a public or private employee or acting in a voluntary capacity. 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. 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. What is a suspended prison sentence? See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3). This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered. For example, if you say that you committed the assault in self-defence, it is usually a good idea to raise this at the first opportunity. Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the offending behaviour. Racial or religious aggravation statutory provisions, 2. 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. Reoffending rates for first offenders are significantly lower than rates for repeat offenders. Forfeiture or suspension of liquor licence, 24. For the purposes of GBH, wounding is defined as a break in the skin. Also, the impact upon the victims ability to carry out day to day activities, including work, will be taken into account. These cookies do not store any personal information. He was the leader in a gang (of . 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. 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). The most severe cases will take a starting point of 4-years imprisonment. 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. to discuss your options and how we can prepare the best case from the outset. Significant or sustained hospital treatment on the other hand suggests GBH. Sentencers should be aware that there is evidence of a disparity in sentence outcomes for this offence which indicates that a higher proportion of Black, Mixed and Chinese or Other ethnicity offenders receive an immediate custodial sentence than White and Asian offenders. 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. You have the right to consult with your legal representative privately before you are interviewed. (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). The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). (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. (i) the victims membership (or presumed membership) of a racial group. These are specified violent offences. Remorse can present itself in many different ways. Inflicting grievous bodily harm/ Unlawful wounding must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offenders case, and. (iv) section 47 (assault occasioning actual bodily harm); (c) an inchoate offence in relation to any of the preceding offences. The offence is also more serious if the victim of the assault is an emergency worker. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? Have you been accused of committing GBH without intent? In order to be convicted of a Section 20 GBH, there must be proof that the defendant caused the victim serious harm. For example, a high level of culpability and a high level of harm for the Section 20 offence gives a starting point of 4 years custody. In order to determine the category the court should assess culpability and harm. Where the offender is dealt with separately for a breach of an order regard should be had to totality. The imposition of a custodial sentence is both punishment and a deterrent. 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. (v) hostility towards persons who are transgender. 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. 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. During the period of the suspension, you must comply with the terms of the order, such as unpaid work 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. If it is your first offence or if the injuries inflicted are not considered particularly severe, it is unlikely you would be sent to prison, with fines and community orders preferred under these circumstances. This will depend on the context in which the offence occurred. (3) In this section custodial institution means any of the following. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). They are listed in Section 40(3): Common assault (Section 39 Criminal Justice Act 1988) Assaulting a . When assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. Immaturity can also result from atypical brain development. After the interview, the police will make a charging decision. The court must determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case. A Section 20 GBH carries a maximum penalty of 5 years imprisonment; Can I just get a fine for GBH? This is where the judge gives you a prison sentence but says that you will not go immediately to prison. Is it possible to get a suspended sentence? Contact us for a no obligation consultation today. This reflects the psychological harm that may be caused to those who witnessed the offence. (a) a reference to providing services to the public includes a reference to providing goods or facilities to the public; (b) a reference to the public includes a reference to a section of the public. 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. For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. First time offenders usually represent a lower risk of reoffending. The offence is set out at Section 20 of the Offences against the Person Act 1861. The most serious sentence that you could face for GBH under Section 20 is 5 years custody. 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. . 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. (5) Nothing in this section prevents a court from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences not listed in subsection (3). Care should be taken to avoid double counting where the statutory aggravating factor relating to emergency workers or to those providing a public service, performing a public duty or providing services to the public applies. If a PSR has been prepared it may provide valuable assistance in this regard. High level community order 2 years custody, Category range Things our solicitors look out for in Section 20 GBH Cases Identifying weaknesses within the prosecution case; Please remember to complete a form if you have just sentenced an offender for: Inflicting grievous bodily harm/unlawful wounding, Offences against the Person Act 1861 (section 20), Racially or religiously aggravated GBH/unlawful wounding, Crime and Disorder Act 1998 (section 29), Offence range: Community order 4 years 6 months custody. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. 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. who are experts in this complex area of criminal law. Offences for which penalty notices are available, 5. Additionally an offence may be made more serious where an offender has abused their position to facilitate and/or conceal offending. 3) What is the shortest term commensurate with the seriousness of the offence? 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 court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. 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. 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. 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. Section 20 is when it's grievous bodily harm without intent. Home > Knowledge Centre > What does it mean to be charged for GBH without intent under UK law? 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. GBH carries a maximum penalty of life imprisonment, but in reality, most sentences range from three to sixteen years' imprisonment. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. New Sentencing Guidelines for ABH, GBH and GBH With Intent Criminal Law On 27 May 2021, the Sentencing Council released new guidelines for all assault offences which will come into effect on 1 July 2021. Injuries that fall under the bracket of Section 20 GBH are considered more serious than ABH. Approach to the assessment of fines - introduction, 6. 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. These cookies will be stored in your browser only with your consent. If it was committed with intent to cause GBH or wounding then the offence is more serious. What is the sentence for GBH in the UK? 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. 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. 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. 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). This could lead to them being convicted of a lesser offence, or even being acquitted altogether. For offences under section 20 the maximum sentence is 5 years, so a non-custodial sentence is more likely. 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. 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.. 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. You also have the option to opt-out of these cookies. This article aims to explain the law around GBH. Disqualification from driving general power, 10. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. (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.

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