These cookies do not store any personal information. 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. Approach to the assessment of fines - introduction, 6. GBH is a very serious offence so even if you are a first-time offender you could still face jail time. In all likelihood they have committed a Section 18 offence because at the time of the incident, they intended to wound them. Disqualification in the offenders absence, 9. 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. 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. Aggravated nature of the offence caused minimal or no distress to the victim or the victims family. User guide for this offence Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. 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. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. 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. the resulting injury is not so serious as to amount to GBH; (5) In this section, emergency worker has the meaning given by section 68. Nicks measured and methodical approach means he thrives on even the most complex case. These are specified violent offences. In general the more serious the previous offending the longer it will retain relevance. 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. Keeping this in view, what is the sentence for GBH section 20? When it is a case of GBH with intent, the defendant must have intended that the consequences of the assault were going to cause very serious bodily harm. 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. (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). 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. A guilty plea would attract a reduction of one third and if there is mitigation you might even get a suspended sentence although obviously that would be a good win. 2) Is it unavoidable that a sentence of imprisonment be imposed? 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. 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. 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 offender is dealt with separately for a breach of a licence or order regard should be had to totality. Section 40 Scope. 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. The following summary offences can be included on an indictment and tried in the Crown Court. Many young people who offend either stop committing crime, or begin a process of stopping, in their late teens and early twenties. That said, the charge of wounding with intent should generally only be used in cases where the wounding was serious. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. Racial or religious aggravation formed a significant proportion of the offence as a whole. 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. 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. Our criteria for developing or revising guidelines. Whatever the circumstances, this is a very uncomfortable and concerning situation to be in. 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. (2) The court, (a) must treat the fact that the offence is aggravated by hostility of any of those types as an aggravating factor, and. The maximum sentence for a Section 20 GBH is 5-years imprisonment. (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. 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. 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) Triable either way Section 20 Maximum: 5 years' custody Offence range: Community order - 4 years 6 months' custody Section 29 Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. You will then be interviewed in the presence of your legal representative. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. 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. A person charged under Section 20 will always require legal representation as soon as they have been charged. Note that for Section 18 offences, the trial will always be heard in the Crown Court. 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. What does it mean to be charged for GBH without intent under UK law? You have the right to consult with your legal representative privately before you are interviewed. 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. History of significant violence or abuse towards the offender by the victim, the offenders responsibility for the offence and. who are experts in this complex area of criminal law. 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. The court must determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case. Criminal justice where does the Council fit? In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. 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. The offence is set out at Section 20 of the Offences against the Person Act 1861. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. Where any such actions are the subject of separate charges, this should be taken into account when assessing totality. If a defendant attempts to cause a victim serious harm, it must be assumed that they intended to do so. 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. (b) the offence is not aggravated under section 67(2). Either or both of these considerations may justify a reduction in the sentence. 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 guideline applies only to offenders aged 18 and older. The courts have determined that GBH does not need to cause permanent or dangerous harm and that an assault does not need to have been committed for an incident to comprise GBH. 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. 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. You also have the option to opt-out of these cookies. If the police do not yet have sufficient evidence to charge you, they could release you on bail, or release you under investigation.. GBH the most serious form of non-fatal assault. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Where an offender has been given an inappropriate level of responsibility, abuse of trust is unlikely to apply. 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. 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. It can include a small cut or laceration. They will also highlight your right to legal representation. The prospect of death in the near future will be a matter considered by the prison authorities and the Secretary of State under the early release on compassionate grounds procedure (ERCG). Offender was a member of, or was associated with, a group promoting hostility based on race or religion. The court should consider whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose an extended sentence (sections 266 and 279). 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. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. At Stuart Miller Solicitors, we understand this and will do our utmost to help you understand and navigate the criminal justice process. It includes, among other things, harm caused through violence such as through punching or kicking. The offence is also more serious if the victim of the assault is an emergency worker. 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. These cookies will be stored in your browser only with your consent. This is where the judge gives you a prison sentence but says that you will not go immediately to prison. In all cases, the court should consider whether to make compensation and/or other ancillary orders. 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. Where the GBH is racially or religiously aggravated, the maximum sentence is 7 years custody. 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. Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. Pay for any outstanding fees quickly and securely by clicking below. 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. This applies whether the victim is a public or private employee or acting in a voluntary capacity. Hi, I am the defendant and my assailant has been convicted of GBH section 20. he is due to be sentenced on 3rd August. Penalty notices fixed penalty notices and penalty notices for disorder, 7. MEDIUM LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. Refer to the Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline. The court should determine the offence category with reference only to the factors listed in the tables below. Examples may include, but are not limited to, posts of images on social media designed to cause additional distress to the victim. Consider a significantly more onerous penalty of the same type or consider a more severe type of sentence than for the basic offence. 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. An offender who has voluntarily consumed drugs and/or alcohol must accept the consequences of the behaviour that results, even if it is out of character. . 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. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. Factors such as planning, premeditation, or if the offence was carried out in the context of gang activity, will increase culpability. Aggravated nature of the offence caused serious fear and distress throughout local community or more widely. 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. What is the sentence for GBH in the UK? Section 20 Assault - Unlawful Wounding/Grievous Bodily Harm (GBH) Section 20 Assault involves grievous (or really serious) bodily harm or a wound. 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. Extension period of disqualification from driving where a custodial sentence is also imposed, 2. 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. From there, aggravating and mitigating factors relevant to the defendant will be taken into account. Abuse of trust may occur in many factual situations. After the interview, the police will make a charging decision. (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. 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. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. This factor may apply whether or not the offender has previous convictions. 12th July 2019 |. (Young adult care leavers are entitled to time limited support. This is subject to subsection (3). See also the Imposition of community and custodial sentences guideline. (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. Can I get away with GBH? iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. Necessary cookies are absolutely essential for the website to function properly. Significant or sustained hospital treatment on the other hand suggests GBH. Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. The first step that the court will take when deciding your sentence is to look at your culpability. His client had been charged with the serious offence of section 20 Grievous Bodily Harm or GBH. 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. Where the GBH is racially or religiously aggravated, the maximum sentence is 7 years' custody. What is worse GBH or assault? (i) the victims membership (or presumed membership) of a racial group. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. 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. The main difference between a Section 18 and a Section 20 assault is the issue of intent. The imposition of a custodial sentence is both punishment and a deterrent. What is a suspended prison sentence? If tried and found guilty in a magistrates' court, the maximum penalty is a custodial sentence of six months and/or a fine. Note in particular paragraph 5 for Black, Asian and Minority Ethnic offenders. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. If you require medical treatment, a health care professional at the police station will assess you. These can include broken bones or permanent disfigurement. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. We also use third-party cookies that help us analyze and understand how you use this website. (a) an offence of common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies; (b) an offence under any of the following provisions of the Offences against the Person Act 1861. This will be particularly relevant where the court is considering whether to impose a sentence that focuses on rehabilitation. 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. 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. 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. Well aim to get back to you within 30 mins between 9am - 5pm. If there are significant extenuating circumstances, you might escape jail time. The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). If they were responding to violence used by their partner, they may be able to rely upon the defence of self-defence. 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. 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. Lack of remorse should never be treated as an aggravating factor. *We aim to respond to every enquiry between 9am5pm within 30 minutes. For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. It may be helpful to indicate to the Probation Service the courts preliminary opinion as to which of the three sentencing ranges is relevant and the purpose(s) of sentencing that the package of requirements is expected to fulfil. . A section 20 assault committed in the UK carries a maximum custodial sentence of five years and/or an unlimited fine. 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. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. GBH carries a maximum penalty of life imprisonment, but in reality, most sentences range from three to sixteen years' imprisonment.