It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. A good criminal defence solicitor will assist you in preparing your plea in mitigation, which could significantly reduce the sentence you are given. (1) This section applies where a court is considering the seriousness of an offence listed in subsection (3). 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. 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. Is it possible to get a suspended sentence? In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. Even if youve already been represented by the duty solicitor at the police station, you can instruct the team of. Racial or religious aggravation formed a significant proportion of the offence as a whole. The extent to which the offender has complied with the conditions of an order (including the time that has elapsed since its commencement) will be a relevant consideration. For Section 20 cases, depending on the injuries and factors involved, the court will sometimes consider imposing non-custodial or suspended sentences. 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. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. (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. SECTION 29 RACIALLY OR RELIGIOUSLY AGGRAVATED OFFENCES ONLY. In addition, first offenders are normally regarded as less blameworthy than offenders who have committed the same crime several times already. the custody threshold has been passed; and, if so. Aggravated nature of the offence caused some fear and distress throughout local community or more widely. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. LOW LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. It also includes wounding, for example by cutting or stabbing. Section 20 GBH sentencing guidelines A section 20 assault committed in the UK carries a maximum custodial sentence of five years and/or an unlimited fine. (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. Because of this, it is really important to ensure that you have high quality legal representation because your solicitor and barrister will play an important role in helping the court understand your state of mind at the time of events. Section 20. do inflict injuries which are seriously detrimental to the health of the victim, but in these cases the defendant has no mens rea (knowledge or intention of wrongdoing), and sentences are capped at five years imprisonment. 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. 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 clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Community orders can fulfil all of the purposes of sentencing. The decision as to the appropriate range of community order should be based upon the seriousness of the new offence(s) (which will take into account any previous convictions). 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. Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. Unlike ABH, there is a question of intent. 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. This website uses cookies to ensure you get the best experience on our website. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. These can include broken bones or permanent disfigurement. 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. They will also highlight your right to legal representation. You will then have to appear before the Magistrates Court for your first appearance. 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. You will then be taken to the police station where you will be booked in by the custody sergeant. But opting out of some of these cookies may have an effect on your browsing experience. . When considering a custodial or community sentence for a young adult the Probation Service should address these issues in a PSR. A custodial sentence must not be imposed unless the offence or the combination of the offence and one or more offences associated with it was so serious that neither a fine alone nor a community sentence can be justified for the offence. This will be particularly relevant where the court is considering whether to impose a sentence that focuses on rehabilitation. If you require medical treatment, a health care professional at the police station will assess you. Where the offender is dealt with separately for a breach of an order regard should be had to totality. Leaving care services may change at the age of 21 and cease at the age of 25, unless the young adult is in education at that point). A close examination of the facts is necessary and a clear justification should be given if abuse of trust is to be found. Reduced period of disqualification for completion of rehabilitation course, 7. 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. (Young adult care leavers are entitled to time limited support. See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). (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). (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. . Disqualification until a test is passed, 6. In general the more serious the previous offending the longer it will retain relevance. This is because it would seem less credible if you raised the defence of self-defence at court, without having first mentioned it to the police. This reflects the psychological harm that may be caused to those who witnessed the offence. If you are caught at the scene of a GBH incident, the police are likely to caution and arrest you and to cordon off a crime scene so that forensic evidence can be taken. If they were responding to violence used by their partner, they may be able to rely upon the defence of self-defence. GBH stands for grievous bodily harm. This is old legal terminology that the courts have determined means really serious harm. Inflicting grievous bodily harm/ Unlawful wounding must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offenders case, and. 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. If a PSR has been prepared it may provide valuable assistance in this regard. Aggravated nature of the offence caused some distress to the victim or the victims family. 12th July 2019 |. Remorse can present itself in many different ways. 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. What does it mean to be charged for GBH without intent under UK law? 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). History of significant violence or abuse towards the offender by the victim, the offenders responsibility for the offence and. If a defendant attempts to cause a victim serious harm, it must be assumed that they intended to do so. . Where the offender is dealt with separately for a breach of a licence or order regard should be had to totality. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. (3) So far as it relates to racial and religious hostility, this section does not apply in relation to an offence under sections 29 to 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated offences). 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. 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. The most severe cases will take a starting point of 4-years imprisonment. Any life changing incidents should be charged as GBH, while mild hospital treatment suggests ABH. * 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. 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. Keeping this in view, what is the sentence for GBH section 20? The court must give reasons if it decides not to order compensation (Sentencing Code, s.55). Forfeiture or suspension of liquor licence, 24. 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). 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. 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 victims age, health and other personal factors are relevant when considering whether the appropriate charge is ABH or GBH. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. Ultimately, whether an offence meets the criteria of GBH is for the jury to assess, applying contemporary social standards. Contact us for a no obligation consultation today. Consider a significantly more onerous penalty of the same type or consider a more severe type of sentence than for the basic offence. Sentencing for all three offences sees a significant change under the new guidelines. Necessary cookies are absolutely essential for the website to function properly. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. It is mandatory to procure user consent prior to running these cookies on your website. Do not retain this copy. 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. 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. This field is for validation purposes and should be left unchanged. The difference between the two levels of assault depends on whether the crime was committed intentionally or recklessly. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. Imposition of fines with custodial sentences, 2. (ii) the victims membership (or presumed membership) of a religious group. 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. A terminal prognosis is not in itself a reason to reduce the sentence even further. (e) hostility related to transgender identity. Do I need a solicitor for a GBH allegation? In all likelihood they have committed a Section 18 offence because at the time of the incident, they intended to wound them. You will then be interviewed in the presence of your legal representative. That said, the charge of wounding with intent should generally only be used in cases where the wounding was serious. Racial or religious aggravation was the predominant motivation for the offence. 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. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). 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. 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. GBH without intent is committed when someone inflicts really serious injuries without intending to do so, but has acted recklessly in causing that harm or pain. (6) In this section. 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. (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 considering a community or custodial sentence for an offender who has, or may have, caring responsibilities the court should ask the Probation Service to address these issues in a PSR. In many cases, a pre-sentence report will be pivotal in helping the court decide whether to impose a community order and, if so, whether particular requirements or combinations of requirements are suitable for an individual offender. must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, Significant degree of planning or premeditation, Victim obviously vulnerable due to age, personal characteristics or circumstances, Use of a highly dangerous weapon or weapon equivalent*, Use of a weapon or weapon equivalent which does not fall within category A. (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. (b) the offence is not aggravated under section 67(2). A Section 20 GBH carries a maximum penalty of 5 years imprisonment; Can I just get a fine for GBH? Introduction to out of court disposals, 5. 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. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. 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.

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