When an immediate custodial sentence is necessary, the court must consider whether proper arrangements have been made for the care of any dependent children and if necessary consider adjourning sentence for this to be done. 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. 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. 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. 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. Well aim to get back to you within 30 mins between 9am - 5pm. GBH (grievous bodily harm) always carries a severe sentence, whether with or without intent. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. (4) For the purposes of subsection (2) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker. This includes wounds caused by a knife or other weapon even where the injury was minor, in order to reflect the seriousness of being wounded by an offensive weapon. Intentionally Causing Grievous Bodily Harm (GBH) 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. A person charged under Section 20 will always require legal representation as soon as they have been charged. A Section 20 assault is committed if the defendant: It is not possible to attempt to commit a Section 20 GBH offence. From there, aggravating and mitigating factors relevant to the defendant 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. The most serious sentence that you could face for GBH under Section 20 is 5 years custody. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. Factors indicating an assault should be classified as a section 18 rather than a section 20 include: If an offence of GBH/unlawful wounding is racially or religiously aggravated, it can carry a maximum sentence of seven years imprisonment. History of violence or abuse towards victim by offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. 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. Refer to the. 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. 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. A Section 20 GBH carries a maximum penalty of 5 years imprisonment; Can I just get a fine for GBH? GBH is classified a criminal offence under Section 18 and 20 of the Offence Against the Person Act 1861 (OAPA). *We aim to respond to every enquiry between 9am5pm within 30 minutes. What is worse GBH or assault? 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. Unlike ABH, there is a question of intent. (3) In this section custodial institution means any of the following. (ii) the victims membership (or presumed membership) of a religious group. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the offence. It is mandatory to procure user consent prior to running these cookies on your website. What happens for a first offence of assault? Burglary, Theft and Criminal Damage Solicitors, Serious Violence & Assault Resources & Insights, Serious Violence & Assault News & Stories. Custody should not be imposed where a community order could provide sufficient restriction on an offenders liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. 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. It also includes wounding, for example by cutting or stabbing. A close examination of the facts is necessary and a clear justification should be given if abuse of trust is to be found. , albeit a case will normally be dealt with in the latter. However, this factor is less likely to be relevant where the offending is very serious. If you are charged, you will then either be remanded in custody, or released on bail. 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. The time for which a sentence is suspended should reflect the length of the sentence; up to 12 months might normally be appropriate for a suspended sentence of up to 6 months. If it was committed with intent to cause GBH or wounding then the offence is more serious. 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. 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). Where the offender is dealt with separately for a breach of an order regard should be had to totality. 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. 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. GBH stands for grievous bodily harm. This is old legal terminology that the courts have determined means really serious harm. (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). If you require medical treatment, a health care professional at the police station will assess you. Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. Section 20 Assault Section 20 carries the lowest . Consider a significantly more onerous penalty of the same type or consider a more severe type of sentence than for the basic offence. Regardless of whether you intend to plead guilty or not guilty, experiencing the criminal justice system can be daunting. Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. Refer to the Overarching Principles: Domestic Abuse Definitive Guideline. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. Additionally an offence may be made more serious where an offender has abused their position to facilitate and/or conceal offending. Necessary cookies are absolutely essential for the website to function properly. 12th July 2019 |. Suggested starting points for physical and mental injuries, 1. Hi, I am the defendant and my assailant has been convicted of GBH section 20. he is due to be sentenced on 3rd August. For the purposes of GBH, wounding is defined as a break in the skin. Having determined the category, the court should use the corresponding starting points to reach a sentence within the category range below. Is section 20 GBH an indictable offence? Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Miscellaneous amendments to sentencing guidelines, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, 8. Inflicting grievous bodily harm/ Unlawful wounding/ Racially or This will depend on the context in which the offence occurred. Previous convictions of a type different from the current offence. 3) What is the shortest term commensurate with the seriousness of the offence? (b) the offence is not aggravated under section 67(2). What does it mean to be charged for GBH without intent? | Lawtons Offender was a member of, or was associated with, a group promoting hostility based on race or religion. It can include a small cut or laceration. SECTION 29 RACIALLY OR RELIGIOUSLY AGGRAVATED OFFENCES ONLY. Offences for which penalty notices are available, 5. That said, the charge of wounding with intent should generally only be used in cases where the wounding was serious. (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. Factors such as planning, premeditation, or if the offence was carried out in the context of gang activity, will increase culpability. 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. 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. Contact us for a no obligation consultation today. In order to be convicted of a Section 20 GBH, there must be proof that the defendant caused the victim serious harm. There is no general definition of where the custody threshold lies. The most serious sentence that you could face for GBH under Section 20 is 5 years' custody. If a defendant attempts to cause a victim serious harm, it must be assumed that they intended to do so. This applies regardless of whether the offender is under the influence of legal or illegal substance(s). 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. PDF Assault - Definitive Guideline Injuries that fall under the bracket of Section 20 GBH are considered more serious than ABH. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Aggravated nature of the offence caused some distress to the victim or the victims family. 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. GBH is a very serious offence so even if you are a first-time offender you could still face jail time. You will then be taken to the police station where you will be booked in by the custody sergeant. 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. Significant or sustained hospital treatment on the other hand suggests GBH. What is the difference between ABH & GBH? | Lawtons Solicitors 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. Category range This is subject to subsection (3). 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. 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. Racial or religious aggravation was the predominant motivation for the offence. The court must determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case. 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. During the period of the suspension, you must comply with the terms of the order, such as unpaid work Section 20 GBH is a very serious criminal offence which usually results in a lengthy prison sentence.