This will be particularly relevant where the court is considering whether to impose a sentence that focuses on rehabilitation. General principles to be considered in the sentencing of children and young people are in the Sentencing Council definitive guideline, Overarching Principles Sentencing Children and Young People. He was the leader in a gang (of . 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. 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). 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. A terminal prognosis is not in itself a reason to reduce the sentence even further. 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. His client had been charged with the serious offence of section 20 Grievous Bodily Harm or GBH. Any life changing incidents should be charged as GBH, while mild hospital treatment suggests ABH. Imposition of fines with custodial sentences, 2. If they were responding to violence used by their partner, they may be able to rely upon the defence of self-defence. Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. If so, they must commit for sentence to the Crown Court. A good criminal defence solicitor will assist you in preparing your plea in mitigation, which could significantly reduce the sentence you are given. 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. Introduction to out of court disposals, 5. What is the sentence for GBH in the UK? See Totality guideline. . (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. Here, the injuries suffered by the victim will be relevant. GBH the most serious form of non-fatal assault. A close examination of the facts is necessary and a clear justification should be given if abuse of trust is to be found. Remorse can present itself in many different ways. What does it mean to be charged for GBH without intent under UK law? Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. This reflects the psychological harm that may be caused to those who witnessed the offence. In general the more serious the previous offending the longer it will retain relevance. Your fingerprints and other biometric information will be taken. 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. This relates to the mental intention of the defendant at the time that the offence was committed. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. . In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. the fact that someone is working in the public interest merits the additional protection of the courts. A person charged under Section 20 will always require legal representation as soon as they have been charged. For Section 20 cases, depending on the injuries and factors involved, the court will sometimes consider imposing non-custodial or suspended sentences. (2) It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. 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. 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. (1) This section applies where a court is considering the seriousness of an offence listed in subsection (3). See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). 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 lack of maturity when considering the significance of such conduct. Suggested starting points for physical and mental injuries, 1. The most serious sentence that you could face for GBH under Section 20 is 5 years' custody. iii) Where the court imposes two or more sentences to be served consecutively, the court may suspend the sentence where the aggregate of the terms is between 14 days and 2 years (subject to magistrates courts sentencing powers). Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. (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. evaluate the consequences of their actions, any effect of the sentence on the health of the offender and, any effect of the sentence on the unborn child. Home > Knowledge Centre > What does it mean to be charged for GBH without intent under UK law? In addition when sentencing an offender who is pregnant relevant considerations may include: The court should ensure that it has all relevant information about dependent children before deciding on sentence. The maximum sentence for this is life imprisonment. Examples may include, but are not limited to, posts of images on social media designed to cause additional distress to the victim. Aggravated nature of the offence caused severe distress to the victim or the victims family. Please tell us if there is an issue with this guideline to do with the accuracy of the content, how easy the guideline is to understand and apply, or accessibility/broken links. 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. GBH stands for grievous bodily harm. This is old legal terminology that the courts have determined means really serious harm. These cookies do not store any personal information. v) A custodial sentence that is suspended should be for the same term that would have applied if the sentence was to be served immediately. This is subject to subsection (3). 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. Penalty notices fixed penalty notices and penalty notices for disorder, 7. 3) What is the shortest term commensurate with the seriousness of the offence? For offences under Section 18, you could face life imprisonment. the resulting injury is not so serious as to amount to GBH; 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. 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). What is the penalty for GBH? Injuries that fall under the bracket of Section 20 GBH are considered more serious than ABH. This website uses cookies to improve your experience while you navigate through the website. Penalties. You will then be interviewed in the presence of your legal representative. (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). Offences for which penalty notices are available, 5. Commission of an offence while subject to a. Note that for Section 18 offences, the trial will always be heard in the Crown Court. For example, a person punched somebody, and they fell and caused a wound or severe injury. 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 . 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 64 of the Sentencing Code states: In considering the seriousness of any offence committed while the offender was on bail, the court must - (a) treat the fact that it was committed in those circumstances as an aggravating factor and (b) state in open court that the offence is so aggravated. This website uses cookies to ensure you get the best experience on our website. Do I need a solicitor for a GBH allegation? At Stuart Miller Solicitors, we understand this and will do our utmost to help you understand and navigate the criminal justice process. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. See also the Imposition of community and custodial sentences guideline. Hi, I am the defendant and my assailant has been convicted of GBH section 20. he is due to be sentenced on 3rd August. It is mandatory to procure user consent prior to running these cookies on your website. Well aim to get back to you within 30 mins between 9am - 5pm. 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). 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. 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. But opting out of some of these cookies may have an effect on your browsing experience. 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. 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. If you require medical treatment, a health care professional at the police station will assess you. Section 20 Assault Section 20 carries the lowest . 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. 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. Police officers will also take statements from any witnesses who saw what happened. In all likelihood they have committed a Section 18 offence because at the time of the incident, they intended to wound them.
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