Having determined the category, the court should use the corresponding starting points to reach a sentence within the category range below. 12th July 2019 |. This will depend on the context in which the offence occurred. You will then be interviewed in the presence of your legal representative. Immaturity can also result from atypical brain development. Aggravated nature of the offence caused minimal or no distress to the victim or the victims family. Commission of an offence while subject to a. 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. Have you been accused of committing GBH without intent? iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. You will then have to appear before the Magistrates Court for your first appearance. Offender was a member of, or was associated with, a group promoting hostility based on race or religion. Racial or religious aggravation formed a significant proportion of the offence as a whole. 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). In order to be convicted of a Section 20 GBH, there must be proof that the defendant caused the victim serious harm. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. This could lead to them being convicted of a lesser offence, or even being acquitted altogether. * 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. Mitigating factors include if the defendant has mental health issues, if the defendant has shown remorse, and if the offence was committed in response to a significant degree of provocation. (5) For the purposes of paragraphs (a) and (b) of subsection (4), it is immaterial whether or not the offenders hostility is also based, to any extent, on any other factor not mentioned in that paragraph. 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. 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 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. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. 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.. that a sentence that falls at the very lowest level of seriousness for GBH with Intent could now take the form of a suspended sentence. Also, the impact upon the victims ability to carry out day to day activities, including work, will be taken into account. See Totality guideline. Do not retain this copy. the fact that someone is working in the public interest merits the additional protection of the courts. Police officers will also take statements from any witnesses who saw what happened. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. Section 40 Scope. Care should be taken to avoid double counting matters taken into account when considering previous convictions. Disqualification until a test is passed, 6. 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. 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. In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. Aggravated nature of the offence caused some fear and distress throughout local community or more widely. i) The guidance regarding pre-sentence reports applies if suspending custody. A Section 20 GBH carries a maximum penalty of 5 years imprisonment; Can I just get a fine for GBH? Aggravated nature of the offence caused some distress to the victim or the victims family. This factor may apply whether or not the offender has previous convictions. Consider a more onerous penalty of the same type identified for the basic offence. The key difference between the offences under Section 18 and Section 20 OAPA is the mindset of the alleged perpetrator. The primary significance of previous convictions (including convictions in other jurisdictions) is the extent to which they indicate trends in offending behaviour and possibly the offenders response to earlier sentences. Keeping this in view, what is the sentence for GBH section 20? After the interview, the police will make a charging decision. 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 determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case. What happens for a first offence of 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. The following is a list of factors which the court should consider to determine the level of aggravation. 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. This applies regardless of whether the offender is under the influence of legal or illegal substance(s). The maximum sentence for this is life imprisonment. 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. the effect of the sentence on the offender. (3) Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated. 2nd July 2020 |, 18th June 2018 |, 1st March 2018 |. You have the right to consult with your legal representative privately before you are interviewed. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. 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. If you have been charged with GBH, you are probably feeling stressed and anxious regarding the upcoming trial. 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. Where the GBH is racially or religiously aggravated, the maximum sentence is 7 years' custody. (iv) section 47 (assault occasioning actual bodily harm); (c) an inchoate offence in relation to any of the preceding offences. For offences under Section 18, you could face life imprisonment. A Section 20 assault is committed if the defendant: It is not possible to attempt to commit a Section 20 GBH offence. Can I get away with GBH? This applies whether the victim is a public or private employee or acting in a voluntary capacity. Where no offence specific guideline is available to determine seriousness, the harm caused by the offence, the culpability of the offender and any previous convictions will be relevant to the assessment. 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. Ultimately, this is likely to have a highly significant impact upon whether you are convicted, and the heftiness of your sentence. 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. In particular, a Band D fine may be an appropriate alternative to a community order. It may also include ad hoc situations such as a late-night taxi driver and a lone passenger. History of violence or abuse towards victim by offender. The GBH or wounding must be caused either with an intent to cause some injury or with knowledge that injury was likely. 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. If tried and found guilty in a magistrates' court, the maximum penalty is a custodial sentence of six months and/or a fine. They will also highlight your right to legal representation. At Stuart Miller Solicitors, we understand this and will do our utmost to help you understand and navigate the criminal justice process. 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 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. The imposition of a custodial sentence is both punishment and a deterrent. A section 20 assault committed in the UK carries a maximum custodial sentence of five years and/or an unlimited fine. . 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. If a PSR has been prepared it may provide valuable assistance in this regard. 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. Next, the court will consider the harm that has been caused. (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). Category range History of significant violence or abuse towards the offender by the victim, the offenders responsibility for the offence and. (2) The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to (a) the nature of the offence to which the conviction relates and its relevance to the current offence, and (b) the time that has elapsed since the conviction. Section 20 GBH is a very serious criminal offence which usually results in a lengthy prison sentence. The court must give reasons if it decides not to order compensation (Sentencing Code, s.55). A terminal prognosis is not in itself a reason to reduce the sentence even further. Imposition of fines with custodial sentences, 2. (2) It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid. Things our solicitors look out for in Section 20 GBH Cases Identifying weaknesses within the prosecution case; 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. (6) This section has effect in relation to a person who is convicted of the offence on or after the date on which section 156 of the Police, Crime, Sentencing and Courts Act 2022 comes into force. The following summary offences can be included on an indictment and tried in the Crown Court. Do I need a solicitor for a GBH allegation? 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. Whatever the circumstances, this is a very uncomfortable and concerning situation to be in. Additionally an offence may be made more serious where an offender has abused their position to facilitate and/or conceal offending. 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. GBH is a very serious offence so even if you are a first-time offender you could still face jail time. 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. Penalties. (a) a prison; (b) a young offender institution, secure training centre or secure college; (c) a removal centre, a short-term holding facility or pre-departure accommodation, as defined by section 147 of the Immigration and Asylum Act 1999; (d) services custody premises, as defined by section 300(7) of the Armed Forces Act 2006; custody officer has the meaning given by section 12(3) of the Criminal Justice and Public Order Act 1994; escort functions. (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). 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. This field is for validation purposes and should be left unchanged. 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. This category only includes cookies that ensures basic functionalities and security features of the website. 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. Section 66 of the Sentencing Code states: Hostility (1) This section applies where a court is considering the seriousness of an offence which is aggravated by, (d) hostility related to sexual orientation, or. The difference between the two levels of assault depends on whether the crime was committed intentionally or recklessly. GBH carries a maximum penalty of life imprisonment, but in reality, most sentences range from three to sixteen years' imprisonment. We also use third-party cookies that help us analyze and understand how you use this website. This website uses cookies to improve your experience while you navigate through the website. (5) In this section, emergency worker has the meaning given by section 68. The following injuries are classified as GBH: If a defendant is charged with committing GBH without intent, it does not necessarily mean that they inflicted less severe injuries on the victim. Contact us for a no obligation consultation today. Injuries that fall under the bracket of Section 20 GBH are considered more serious than ABH.
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