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. Understanding different types of assault charges in English Law. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. 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. There is no general definition of where the custody threshold lies. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Aggravated element formed a minimal part of the offence as a whole. Medium level community order 1 years custody. Section 18 GBH offences involve some aspect of intent, while section 20 offences are still unlawful and malicious, but lack the intent to cause really serious injury. Contact us for a no obligation consultation today. The key difference between the offences under Section 18 and Section 20 OAPA is the mindset of the alleged perpetrator. Offender was a member of, or was associated with, a group promoting hostility based on race or religion. 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). This is subject to subsection (3). 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. Whenever the court reaches the provisional view that a community order may be appropriate, it should request a pre-sentence report (whether written or verbal) unless the court is of the opinion that a report is unnecessary in all the circumstances of the case. (e) hostility related to transgender identity. 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. See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). If the police do not yet have sufficient evidence to charge you, they could release you on bail, or release you under investigation.. . (2) If the offence was committed against a person providing a public service, performing a public duty or providing services to the public, the court. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. 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. 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. The following is a list of factors which the court should consider to determine the level of aggravation. The most serious sentence that you could face for GBH under Section 20 is 5 years custody. Significant or sustained hospital treatment on the other hand suggests GBH. Section 40 Scope. 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. For these reasons first offenders receive a mitigated sentence. See also the Imposition of community and custodial sentences guideline. 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 assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. If you have been charged with GBH, you are probably feeling stressed and anxious regarding the upcoming trial. It also includes wounding, for example by cutting or stabbing. My son has been charged with gbh section 20, there are mitigating circumstances, as in his friend had just just got knocked unconcious in the road and he was trying to make sure he was not moved. Any permanent damage would increase the harm caused. If you are charged, you will then either be remanded in custody, or released on bail. 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. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. Do I need a solicitor for a GBH allegation? Destruction orders and contingent destruction orders for dogs, 9. 12th July 2019 |. In general the more serious the previous offending the longer it will retain relevance. If you require medical treatment, a health care professional at the police station will assess you. You will then be taken to the police station where you will be booked in by the custody sergeant. User guide for this offence This category only includes cookies that ensures basic functionalities and security features of the website. 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. Remorse can present itself in many different ways. Racial or religious aggravation formed a significant proportion of the offence as a whole. The first step that the court will take when deciding your sentence is to look at your culpability. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. 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. Penalty notices fixed penalty notices and penalty notices for disorder, 7. (3) In this section custodial institution means any of the following. The offence is set out at Section 20 of the Offences against the Person Act 1861. In particular, they can have the effect of restricting the offenders liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities. In addition, first offenders are normally regarded as less blameworthy than offenders who have committed the same crime several times already. The court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence (separate from any guilty plea reduction). It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence.*. 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. 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. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). High level community order 2 years custody, Category range (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. Keeping this in view, what is the sentence for GBH section 20? 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. These cookies will be stored in your browser only with your consent. A close examination of the facts is necessary and a clear justification should be given if abuse of trust is to be found. Examples may include relationships such as teacher and pupil, parent and child, employer and employee, professional adviser and client, or carer (whether paid or unpaid) and dependant. 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. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. By contrast, for the Section 20 offence, the court only has to find that he or she intended or foresaw some harm resulting from the incident. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. Burglary, Theft and Criminal Damage Solicitors, Serious Violence & Assault Resources & Insights, Serious Violence & Assault News & Stories. i) The guidance regarding pre-sentence reports applies if suspending custody. (1) This section applies where a court is considering the seriousness of an offence listed in subsection (3). Where the offender is dealt with separately for a breach of an order regard should be had to totality. 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 approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. 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. Can I get away with 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. What does it mean to be charged for GBH without intent under UK law? 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. (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. This relates to the mental intention of the defendant at the time that the offence was committed. This article aims to explain the law around GBH. 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. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. (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). GBH (grievous bodily harm) always carries a severe sentence, whether with or without intent. Offence committed for commercial purposes, 11. 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. 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. The imposition of a custodial sentence is both punishment and a deterrent. History of violence or abuse towards victim by offender. (g) unlawfully causes any explosive substance to explode; or (h) sends or delivers any explosive substance or other dangerous or noxious thing to any person; or (i) causes any such substance or thing to be taken or received by any person; or (j) puts any corrosive fluid or any destructive or explosive substance in any place; or An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. For the purposes of GBH, wounding is defined as a break in the skin. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. At Stuart Miller Solicitors, we understand this and will do our utmost to help you understand and navigate the criminal justice process. Inflicting grievous bodily harm/ Unlawful wounding must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offenders case, and. Suggested starting points for physical and mental injuries, 1. (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. Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. Where the GBH is racially or religiously aggravated, the maximum sentence is 7 years custody. Under Section 20 GBH, the defendant lacks the necessary mens rea the knowledge or intention of wrongdoing for the more serious offence, meaning the defendant did not have the intention.