Is section 20 GBH an indictable offence? Imposition of fines with custodial sentences, 2. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. (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). Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. This field is for validation purposes and should be left unchanged. Section 20 Assault - Unlawful Wounding/Grievous Bodily Harm (GBH) Section 20 Assault involves grievous (or really serious) bodily harm or a wound. The court must give reasons if it decides not to order compensation (Sentencing Code, s.55). 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 reflects the psychological harm that may be caused to those who witnessed the offence. Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. (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. 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. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. It also includes wounding, for example by cutting or stabbing. Section 20 Assault and Section 18 Assault - Grievous Bodily Harm (b) a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes; (e) a person (other than a prison officer) employed or engaged to carry out functions in a custodial institution of a corresponding kind to those carried out by a prison officer; (f) a prisoner custody officer, so far as relating to the exercise of escort functions; (g) a custody officer, so far as relating to the exercise of escort functions; (h) a person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services; (i) a person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both); (j) a person employed for the purposes of providing, or engaged to provide. Immaturity can also result from atypical brain development. The court should assess the level of harm caused with reference to the impact on the victim. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. the act or omission resulted in a nother person receiving an injury or injuries amounting to grievous bodily harm the act was done recklessly (ie that the accused turned their mind to the real prospect of harm and went ahead regardless); the act was done intentionally. 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. 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. Therefore a young adults previous convictions may not be indicative of a tendency for further offending. 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. Any life changing incidents should be charged as GBH, while mild hospital treatment suggests ABH. 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. This website uses cookies to improve your experience while you navigate through the website. Inflicting grievous bodily harm/ Unlawful wounding/ Racially or 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. 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. If so, they must commit for sentence to the Crown Court. (6) In this section. However, this would depend on the circumstances and especially the specific mental intention of the defendant at the time of their action. The maximum penalty for Section 20 offences is five years imprisonment. the resulting injury is not so serious as to amount to GBH; Any appropriate rehabilitative requirement(s), Curfew requirement for example up to 16 hours per day for a few weeks**, Curfew requirement for example up to 16 hours per day for 2 3 months**, Exclusion requirement lasting in the region of 6 months, Curfew requirement for example up to 16 hours per day for 4 12 months**, Exclusion requirement lasting in the region of 12 months. 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. Care should be taken to avoid double counting matters taken into account when considering previous convictions. In all cases, the court should consider whether to make compensation and/or other ancillary orders. A good criminal defence solicitor will assist you in preparing your plea in mitigation, which could significantly reduce the sentence you are given. Our criteria for developing or revising guidelines. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. 12th July 2019 |. . The court will be assisted by a PSR in making this assessment. In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary, More intensive sentences which combine two or more requirements may be appropriate. Note that for Section 18 offences, the trial will always be heard in the Crown Court. 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. 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. 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. Only the online version of a guideline is guaranteed to be up to date. What is worse GBH or assault? Section 20 Assault Solicitors - Top Rated Criminal Defence Lawyers Reoffending rates for first offenders are significantly lower than rates for repeat offenders. 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). 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. Category range Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. 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. (ii) section 18 (wounding with intent to cause grievous bodily harm); (iv) section 23 (administering poison etc); (v) section 28 (causing bodily injury by explosives); (vi) section 29 (using explosives etc with intent to do grievous bodily harm); (vii) section 47 (assault occasioning actual bodily harm); (b) an offence under section 3 of the Sexual Offences Act 2003 (sexual assault); (e) an inchoate offence in relation to any of the preceding offences. In court today charged with GBH section 20. (i) hostility towards members of a racial group based on their membership of that group. 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 maximum sentence that applies to an offence is the maximum that applied at the date of the offence. 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. This relates to the mental intention of the defendant at the time that the offence was committed. If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the offending behaviour. History of violence or abuse towards victim by offender. The level of culpability is determined by weighing all the factors of the case. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. 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. Hi, I am the defendant and my assailant has been convicted of GBH section 20. he is due to be sentenced on 3rd August. (b) the offence is not aggravated under section 67(2). Aggravated nature of the offence caused serious fear and distress throughout local community or more widely. 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. A terminal prognosis is not in itself a reason to reduce the sentence even further. 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. Significant or sustained hospital treatment on the other hand suggests GBH. 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. 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. Section 20 Assault Section 20 carries the lowest . The main difference between a Section 18 and a Section 20 assault is the issue of intent. A person charged under Section 20 will always require legal representation as soon as they have been charged. 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. 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. 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.
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