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. 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. Section 20 assaults 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. Refer to the. In some cases, having considered these factors, it may be appropriate to move outside the identified category range. The following is a list of factors which the court should consider to determine the level of aggravation. 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. They are listed in Section 40(3): Common assault (Section 39 Criminal Justice Act 1988) Assaulting a . Forfeiture and destruction of weapons orders, 18. Can I get away with GBH? Grievous bodily harm (GBH) is basically 'really serious bodily harm'. Additionally an offence may be made more serious where an offender has abused their position to facilitate and/or conceal offending. 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. (3) In this section custodial institution means any of the following. 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.. The court must give reasons if it decides not to order compensation (Sentencing Code, s.55). 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. Is it possible to get a suspended sentence? For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. 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. Understanding different types of assault charges in English Law. 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. 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. 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. This category only includes cookies that ensures basic functionalities and security features of the website. Commission of an offence while subject to a. In order for an abuse of trust to make an offence more serious the relationship between the offender and victim(s) must be one that would give rise to the offender having a significant level of responsibility towards the victim(s) on which the victim(s) would be entitled to rely. 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. Grievous bodily harm or GBH is the most serious form of non-fatal assault as the injuries are deemed to cause serious detriment to a victims health, which differs toABH. 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. For offences under Section 18, you could face life imprisonment. The difference between the two levels of assault depends on whether the crime was committed intentionally or recklessly. During the period of the suspension, you must comply with the terms of the order, such as unpaid work 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). (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. That said, the charge of wounding with intent should generally only be used in cases where the wounding was serious. 2) Is it unavoidable that a sentence of imprisonment be imposed? 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. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. Ultimately, this is likely to have a highly significant impact upon whether you are convicted, and the heftiness of your sentence. Regardless of whether you intend to plead guilty or not guilty, experiencing the criminal justice system can be daunting. He was the leader in a gang (of . The imposition of a custodial sentence is both punishment and a deterrent. The table below contains a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offenders release. Having determined the category of the basic offence to identify the sentence of a non-aggravated offence, the court should now consider the level of racial or religious aggravation involved and apply an appropriate uplift to the sentence in accordance with the guidance below. 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. The maximum sentence for this is life imprisonment. This factor may apply whether or not the offender has previous convictions. See also the Imposition of community and custodial sentences guideline. You are strongly advised to obtain case-specific advice from a Lawyer about any legal proceedings or matters and not to rely on the information or comments on this website. Suspended sentence for Grievous Bodily Harm at Chesterfield Chesterfield crime solicitor David Gittins Chesterfield Crime Solicitor David Gittins recently represented a young man before Chesterfield Magistrates Court. 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. (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. You also have the option to opt-out of these cookies. Therefore a young adults previous convictions may not be indicative of a tendency for further offending. 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. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. Medium level community order 1 years custody. 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. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. His client had been charged with the serious offence of section 20 Grievous Bodily Harm or GBH. The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the offence. The court must determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case. The following summary offences can be included on an indictment and tried in the Crown Court. (6) Nothing in this section prevents a court from treating the fact that an offence was committed against an emergency worker acting in the exercise of functions as such as an aggravating factor in relation to offences not listed in subsection (3). (b) must state in open court that the offence is so aggravated. Nick also oversees the overall management of Lawtons Solicitors, a specialist firm of criminal law defence solicitors with branches across London, Hertfordshire, Bedfordshire and Essex. What does it mean to be charged for GBH without intent under UK law? Offence committed for commercial purposes, 11. 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. Is section 20 GBH an indictable offence? See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3). 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. 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 key difference between the offences under Section 18 and Section 20 OAPA is the mindset of the alleged perpetrator. The maximum penalty for Section 20 offences is five years imprisonment. (i) the victims membership (or presumed membership) of a racial group. What is the difference between a Section 18 and a Section 20 assault? Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. This field is for validation purposes and should be left unchanged. The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. In particular, a Band D fine may be an appropriate alternative to a community order. 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. 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. Aggravation related to disability, sexual orientation or transgender identity statutory provisions, 1. Where an offender deliberately causes additional harm to a victim over and above that which is an essential element of the offence - this will increase seriousness. 3) What is the shortest term commensurate with the seriousness of the offence? . , 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. If, instead, they tackle their partner to the floor, intending to restrain them and in doing so their partner hits their head causing bleeding from the skull, the defendant could be charged under Section 20. These can include broken bones or permanent disfigurement. However, this would depend on the circumstances and especially the specific mental intention of the defendant at the time of their action. The most serious sentence that you could face for GBH under Section 20 is 5 years custody. New Sentencing Guidelines for ABH, GBH and GBH With Intent Criminal Law On 27 May 2021, the Sentencing Council released new guidelines for all assault offences which will come into effect on 1 July 2021. (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 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. 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. 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. 2nd July 2020 |, 18th June 2018 |, 1st March 2018 |. (Young adult care leavers are entitled to time limited support. 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). Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. Section 20 of the Offences against the Person Act 1861 Grievous Bodily Harm (GBH) is more serious than ABH carrying a maximum sentence of 5 years imprisonment/unlimited fine (7 years if racially aggravated). 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 . Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. For further information see Imposition of community and custodial sentences. Where information is available on the context of previous offending this may assist the court in assessing the relevance of that prior offending to the current offence, the fact that people in public facing roles are more exposed to the possibility of harm and consequently more vulnerable and/or. 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). The case may later be transferred to the Crown Court. (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. 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.