The primary significance of previous convictions (including convictions in other jurisdictions) is the extent to which they indicate trends in offending behaviour and possibly the offenders response to earlier sentences. 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. A good criminal defence solicitor will assist you in preparing your plea in mitigation, which could significantly reduce the sentence you are given. In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. Suggested starting points for physical and mental injuries, 1. We look at the legal elements of this offence, and the sentence you could face if convicted. For the purposes of GBH, wounding is defined as a break in the skin. Section 20 is when it's grievous bodily harm without intent. 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. In all likelihood they have committed a Section 18 offence because at the time of the incident, they intended to wound them. (Young adult care leavers are entitled to time limited support. Examples may include, but are not limited to, posts of images on social media designed to cause additional distress to the victim. 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. Aggravated nature of the offence caused severe distress to the victim or the victims family. If there are significant extenuating circumstances, you might escape jail time. Similarly, a commitment to address other underlying issues that may influence the offenders behaviour may justify the imposition of a sentence that focusses on rehabilitation. 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.*. The court must impose a sentence that properly meets the aims of sentencing even if it will carry the clear prospect that the offender will die in custody. 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 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). 2) Is it unavoidable that a sentence of imprisonment be imposed? If you have been charged with GBH, you are probably feeling stressed and anxious regarding the upcoming trial. Section 40 Scope. (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. In addition, first offenders are normally regarded as less blameworthy than offenders who have committed the same crime several times already. Aggravating factors would include previous convictions of a similar nature, if children were present when the offence was committed, and if the offence was committed whilst under the influence of alcohol. 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. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. (4) For the purposes of subsection (2) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker. the effect of the sentence on the offender. Grievous bodily harm is the most serious form of non-fatal assault and can be committed in two ways affecting the level of severity of offence - the difference being whether the crime was committed intentionally or recklessly. GBH (grievous bodily harm) always carries a severe sentence, whether with or without intent. When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements. (e) hostility related to transgender identity. How are we dealing with cases in times of social distancing? What happens for a first offence of assault? (v) hostility towards persons who are transgender. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Adapting or altering an item with the intention of causing harm, such as smashing a glass prior to an attack, Using a weapon on the victims head, or kicking the victim in the head. This is your role in the offence. The court must give reasons if it decides not to order compensation (Sentencing Code, s.55). Where the GBH is racially or religiously aggravated, the maximum sentence is 7 years' custody. Where there are previous offences but these are old and /or are for offending of a different nature, the sentence will normally be reduced to reflect that the new offence is not part of a pattern of offending and there is therefore a lower likelihood of reoffending. 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. 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. In order to be charged for GBH without intent, it must be considered that the act was reckless and committed without intention. 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. The most serious sentence that you could face for GBH under Section 20 is 5 years' custody. This article aims to explain the law around GBH. Section 20 Assault Section 20 carries the lowest . (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 you go to jail for slapping someone? Nicks measured and methodical approach means he thrives on even the most complex case. Aggravated element formed a minimal part of the offence as a whole. Imposition of fines with custodial sentences, 2. Our criteria for developing or revising guidelines. Remorse can present itself in many different ways. See Totality guideline. The table below contains a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. 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. The most serious sentence that you could face for GBH under Section 20 is 5 years custody. It includes, among other things, harm caused through violence such as through punching or kicking. 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. Medium level community order 1 years custody. 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. Things our solicitors look out for in Section 20 GBH Cases Identifying weaknesses within the prosecution case; This field is for validation purposes and should be left unchanged. See also the Imposition of community and custodial sentences guideline. Only the online version of a guideline is guaranteed to be up to date. These are specified violent offences. Having determined the category, the court should use the corresponding starting points to reach a sentence within the category range below. Police officers will also take statements from any witnesses who saw what happened. The information and commentary does not, and is not intended to, amount to legal advice and the writers / participants do not intend that it should be relied upon. 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. You will then be taken to the police station where you will be booked in by the custody sergeant. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. Even if youve already been represented by the duty solicitor at the police station, you can instruct the team of. 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. This factor may apply whether or not the offender has previous convictions. Where the GBH is racially or religiously aggravated, the maximum sentence is 7 years custody. 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). Penalty notices fixed penalty notices and penalty notices for disorder, 7. For offences under Section 18, you could face life imprisonment. The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the offence. Care should be taken to avoid double counting where the statutory aggravating factor relating to emergency workers or to those providing a public service, performing a public duty or providing services to the public applies. 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. The maximum sentence for a Section 20 GBH is 5-years imprisonment. 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. They are listed in Section 40(3): Common assault (Section 39 Criminal Justice Act 1988) Assaulting 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. In all cases, the court should consider whether to make compensation and/or other ancillary orders. The clear intention of the threshold test is to reserve prison as a punishment for the most serious 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. 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). This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered. 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. 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. Is it possible to get a suspended sentence? The aggravating effect of relevant previous convictions reduces with the passage of time; Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise. Inflicting grievous bodily harm/ Unlawful wounding must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offenders case, and. There is a greater capacity for change in immature offenders and they may be receptive to opportunities to address their offending behaviour and change their conduct. Highly dangerous weapon equivalents can include corrosive substances (such as acid), whose dangerous nature must be substantially above and beyond the legislative definition of an offensive weapon which is; any article made or adapted for use for causing injury, or is intended by the person having it with him for such use. Aggravated nature of the offence caused serious fear and distress throughout local community or more widely. If you require medical treatment, a health care professional at the police station will assess you. 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. It may also include ad hoc situations such as a late-night taxi driver and a lone passenger. 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. 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. 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. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. This field is for validation purposes and should be left unchanged. Even if youve already been represented by the duty solicitor at the police station, you can instruct the team of criminal defence solicitors at Lawtons, who are experts in this complex area of criminal law. This category only includes cookies that ensures basic functionalities and security features of the website. Whenever the court reaches the provisional view that: the court should obtain a pre-sentence report, whether verbal or written, unless the court considers a report to be unnecessary. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. When assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. In some cases, having considered these factors, it may be appropriate to move outside the identified category range. 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 section 20 GBH an indictable offence? Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. The culpability and harm will provide the starting point for the sentence. 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. the custody threshold has been passed; and, if so. The level of culpability is determined by weighing all the factors of the case. These can include broken bones or permanent disfigurement. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. (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). Crime and Disorder Act 1998, s.29, Offences against the Person Act 1861, s.20, DATA COLLECTION CROWN COURT ONLY (across all locations of the Crown Court, 9 January to 30 June 2023). (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. Disqualification until a test is passed, 6. Your fingerprints and other biometric information will be taken. 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. GBH is classified a criminal offence under Section 18 and 20 of the Offence Against the Person Act 1861 (OAPA). Whatever the circumstances, this is a very uncomfortable and concerning situation to be in. The starting point applies to all offenders irrespective of plea or previous convictions. This reflects the psychological harm that may be caused to those who witnessed the offence. 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. 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. i) The guidance regarding pre-sentence reports applies if suspending custody. We also use third-party cookies that help us analyze and understand how you use this website. Cases falling between category A or C because: Factors in both high and lesser categories are present which balance each other out; and/or, The offenders culpability falls between the factors as described in high and lesser culpability, Impulsive/spontaneous and short-lived assault, Mental disorder or learning disability, where linked to the commission of the offence, Particularly grave and/or life-threatening injury caused, Injury results in physical or psychological harm resulting in lifelong dependency on third party care or medical treatment, Offence results in a permanent, irreversible injury or condition which has a substantial and long term effect on the victims ability to carry out their normal day to day activities or on their ability to work, Offence results in a permanent, irreversible injury or condition not falling within category 1, The seriousness of the offence should be the. Destruction orders and contingent destruction orders for dogs, 9. 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. 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. Approach to the assessment of fines - introduction, 6. If a defendant attempts to cause a victim serious harm, it must be assumed that they intended to do so. A community order must not be imposed unless the offence is serious enough to warrant such a sentence. 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. who are experts in this complex area of criminal law. The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). Refer to the. 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. (3) Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated. Where any such actions are the subject of separate charges, this should be taken into account when assessing totality. This guideline applies only to offenders aged 18 and older. Understanding different types of assault charges in English Law. 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. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Previous convictions of a type different from the current offence. If you are charged, you will then either be remanded in custody, or released on bail. Aggravated nature of the offence caused some distress to the victim or the victims family. Offences for which penalty notices are available, 5. GBH the most serious form of non-fatal assault. 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. 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. It can include a small cut or laceration. 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. Category range 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.