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. At Stuart Miller Solicitors, we understand this and will do our utmost to help you understand and navigate the criminal justice process. These can include broken bones or permanent disfigurement. (3) In this section custodial institution means any of the following. (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 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. In some cases, having considered these factors, it may be appropriate to move outside the identified category range. It is mandatory to procure user consent prior to running these cookies on your website. In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offenders release. Care should be taken to avoid double counting matters taken into account when considering previous convictions. 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. If it was committed with intent to cause GBH or wounding then the offence is more serious. 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. 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. 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). Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. (b) must state in open court that the offence is so aggravated. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. Pay for any outstanding fees quickly and securely by clicking below. Is it possible to get a suspended sentence? Offender was a member of, or was associated with, a group promoting hostility based on race or religion. In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. Category range What is the difference between ABH & GBH? | Lawtons Solicitors 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. You have the right to consult with your legal representative privately before you are interviewed. The level of culpability is determined by weighing all the factors of the case. This will be particularly relevant where the court is considering whether to impose a sentence that focuses on rehabilitation. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. If a PSR has been prepared it may provide valuable assistance in this regard. Either or both of these considerations may justify a reduction in the sentence. Offences committed in custody are more serious because they undermine the fundamental need for control and order which is necessary for the running of prisons and maintaining safety. 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. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. The legislation states that you commit GBH when you unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument.. Also, the impact upon the victims ability to carry out day to day activities, including work, will be taken into account. A Section 20 GBH offence is less serious and applies where someone injures or wounds another person, but it cannot be demonstrated that there was sufficient intent. If you require medical treatment, a health care professional at the police station will assess you. Immaturity can also result from atypical brain development. If you are charged, you will then either be remanded in custody, or released on bail. Any life changing incidents should be charged as GBH, while mild hospital treatment suggests ABH. 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. Note in particular paragraph 5 for Black, Asian and Minority Ethnic offenders. The first step that the court will take when deciding your sentence is to look at your culpability. 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. Assault - Sentencing If alcohol was the reason behind the attack and the attacker is now getting help with his alcohol problem will he still get a prison sentence. In general the more serious the previous offending the longer it will retain relevance. The court will be assisted by a PSR in making this assessment. History of significant violence or abuse towards the offender by the victim, the offenders responsibility for the offence and. The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the offence. Suspended sentence for Grievous Bodily Harm at Chesterfield 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. (i) hostility towards members of a racial group based on their membership of that group. What is the penalty for GBH? For the Section 18 offence to have been committed, the defendant must be found to have intended to wound or to commit really serious harm. 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.. How are we dealing with cases in times of social distancing? The key difference between the offences under Section 18 and Section 20 OAPA is the mindset of the alleged perpetrator. 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. This could lead to them being convicted of a lesser offence, or even being acquitted altogether. However, this would depend on the circumstances and especially the specific mental intention of the defendant at the time of their action. Reduced period of disqualification for completion of rehabilitation course, 7. They will also highlight your right to legal representation. Approach to the assessment of fines - introduction, 6. 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. What is the difference between a Section 18 and a Section 20 assault? 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. If they were responding to violence used by their partner, they may be able to rely upon the defence of self-defence. , albeit a case will normally be dealt with in the latter. What's the difference between GBH and ABH and which of the - The Sun The court should assess the level of harm caused with reference to the impact on the victim. ABH cases dropped after brawl in Camden Assembly Rooms, London Blackfriars Crown Court, Speak to someone who can help within 30 minutes*. 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 . (6) In this section. You will then have to appear before the Magistrates Court for your first appearance. Contact us to discuss your options and how we can prepare the best case from the outset. 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. 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. The most serious sentence that you could face for GBH under Section 20 is 5 years' custody. Previous convictions of a type different from the current offence. When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements. 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 effect of the sentence on the offender. 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. Nicks measured and methodical approach means he thrives on even the most complex case. 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. 2) Is it unavoidable that a sentence of imprisonment be imposed? My son has been charged with gbh section 20, there are The court should determine the offence category with reference only to the factors listed in the tables below. Is section 20 GBH an indictable offence? See also the Imposition of community and custodial sentences guideline. What Are The Sentencing Guidelines for GBH? - JD Spicer Zeb 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. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. The case may later be transferred to the Crown Court. Grievous bodily harm (GBH) is basically 'really serious bodily harm'. 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. You will then be interviewed in the presence of your legal representative. * A highly dangerous weapon can include weapons such as knives and firearms. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. The CPS, and later in the case juries, often have to decide whether an offence is sufficiently serious to be categorised as GBH or whether the proper charge is the less serious offence of Actual Bodily Harm (ABH). 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. If there are significant extenuating circumstances, you might escape jail time. Where any such actions are the subject of separate charges, this should be taken into account when assessing totality. What is the minimum sentence for GBH section 20? 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. 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. What is the sentence for grievous bodily harm offences in 2023? Grievous Bodily Harm without Intent Solicitors The maximum sentence for this is life imprisonment. Things our solicitors look out for in Section 20 GBH Cases Identifying weaknesses within the prosecution case; The starting point applies to all offenders irrespective of plea or previous convictions. Offence committed for commercial purposes, 11. That said, the charge of wounding with intent should generally only be used in cases where the wounding was serious. Abuse of trust may occur in many factual situations. 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). Only the online version of a guideline is guaranteed to be up to date. GBH Section 18 Examples | What was the outcome? - Stuart Miller Solicitors 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. (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 fact that someone is working in the public interest merits the additional protection of the courts. User guide for this offence 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. (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. (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. The court must have regard to the totality of the offenders criminality when passing the second sentence, to ensure that the total sentence to be served is just and proportionate. 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. (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. Ultimately, whether an offence meets the criteria of GBH is for the jury to assess, applying contemporary social standards. SECTION 29 RACIALLY OR RELIGIOUSLY AGGRAVATED OFFENCES ONLY. This offence is . GBH (grievous bodily harm) always carries a severe sentence, whether with or without intent. The table below contains a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. (b) a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes; (e) a person (other than a prison officer) employed or engaged to carry out functions in a custodial institution of a corresponding kind to those carried out by a prison officer; (f) a prisoner custody officer, so far as relating to the exercise of escort functions; (g) a custody officer, so far as relating to the exercise of escort functions; (h) a person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services; (i) a person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both); (j) a person employed for the purposes of providing, or engaged to provide. 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. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. Section 20 Assault and Section 18 Assault - Grievous Bodily Harm Section 20 Assault Section 20 carries the lowest . Where there are characteristics present which fall under different levels of culpability, the court should balance these characteristics giving appropriate weight to relevant factors to reach a fair assessment of the offenders culpability. MEDIUM LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. Consider a significantly more onerous penalty of the same type or consider a more severe type of sentence than for the basic offence. Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. If tried and found guilty in a magistrates' court, the maximum penalty is a custodial sentence of six months and/or a fine. Equally, assault occasioning actual bodily harm could be an alternative verdict if the Defendant is indicted for Section 20 GBH. to discuss your options and how we can prepare the best case from the outset. (b) the offence is not aggravated under section 67(2). The court should consider the time gap since the previous conviction and the reason for it. 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 following is a list of factors which the court should consider to determine the level of aggravation. Therefore a young adults previous convictions may not be indicative of a tendency for further offending. He was the leader in a gang (of . Forfeiture and destruction of weapons orders, 18. Disqualification until a test is passed, 6. The imposition of a custodial sentence is both punishment and a deterrent. GBH stands for grievous bodily harm. This is old legal terminology that the courts have determined means really serious harm. Home > Knowledge Centre > What does it mean to be charged for GBH without intent under UK law? 3) What is the shortest term commensurate with the seriousness 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. 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. Lack of remorse should never be treated as an aggravating factor. 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. . This category only includes cookies that ensures basic functionalities and security features of the website. Section 20 is when it's grievous bodily harm without intent. (a) references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins; (b) references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief; (c) membership in relation to a racial or religious group, includes association with members of that group; (d) disability means any physical or mental impairment; (e) references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment; (f) presumed means presumed by the offender. The custody sergeant will ask you if you wish to have anyone informed of your arrest. Understanding different types of assault charges in English Law. Hi in court today charged with GBH section 20. Wife and I - JustAnswer 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). Consider a more onerous penalty of the same type identified for the basic offence. 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. 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 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. Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. 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. Section 20 Assault Solicitors - Top Rated Criminal Defence Lawyers 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. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. (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. Following a domestic argument, a person goes to the kitchen drawer, removes a knife and stabs their partner. GBH can be committed in two ways, which affect the level of severity of offence. What does it mean to be charged for GBH without intent? | Lawtons 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. Inflicting grievous bodily harm/ Unlawful wounding must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offenders case, and. For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. The sentencer should state in open court that the offence was aggravated by reason of race or religion, and should also state what the sentence would have been without that element of aggravation. 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). 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. This article aims to explain the law around GBH. Where the offender is dealt with separately for a breach of an order regard should be had to totality. (v) hostility towards persons who are transgender. Can I get away with GBH? A section 20 assault committed in the UK carries a maximum custodial sentence of five years and/or an unlimited fine. 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. Under Section 20 GBH, the defendant lacks the necessary mens rea the knowledge or intention of wrongdoing for the more serious offence, meaning the defendant did not have the intention. 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. This website uses cookies to improve your experience while you navigate through the website. . Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. 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. 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. 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. 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. iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. 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. 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. These are specified offences for the purposes of sections 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code. These cookies do not store any personal information. 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. The offence is also more serious if the victim of the assault is an emergency worker.