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.*. This could lead to them being convicted of a lesser offence, or even being acquitted altogether. GBH (grievous bodily harm) always carries a severe sentence, whether with or without intent. 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 . GBH is a very serious offence so even if you are a first-time offender you could still face jail time. (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. When considering a custodial or community sentence for a young adult the Probation Service should address these issues in a PSR. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. (3) In this section custodial institution means any of the following. 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. What is worse GBH or assault? If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. 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. This is your role in the offence. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Any permanent damage would increase the harm caused. 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. The imposition of a custodial sentence is both punishment and a deterrent. Racial or religious aggravation statutory provisions, 2. Regardless of whether you intend to plead guilty or not guilty, experiencing the criminal justice system can be daunting. Criminal justice where does the Council fit? Contact us for a no obligation consultation today. GBH the most serious form of non-fatal assault. Police officers will also take statements from any witnesses who saw what happened. 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. The offence is set out at Section 18 and Section 20 of the Offences Against the Person Act 1861 (OAPA), which is a really old piece of legislation that explains the archaic terminology. This guideline applies only to offenders aged 18 and older. This is where the judge gives you a prison sentence but says that you will not go immediately to prison. 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. 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. 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. 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. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. (2) It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid. the resulting injury is not so serious as to amount to GBH; Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. For further information see Imposition of community and custodial sentences. 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. For offences under Section 18, you could face life imprisonment. Forfeiture or suspension of liquor licence, 24. Only the online version of a guideline is guaranteed to be up to date. History of violence or abuse towards victim by offender. The same incident could have a much more serious impact on an elderly or vulnerable person, and this is relevant for the jury to take into account when reaching their verdict. 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. Extension period of disqualification from driving where a custodial sentence is also imposed, 2. 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. The most serious sentence that you could face for GBH under Section 20 is 5 years custody. Section 20 Assault - Unlawful Wounding/Grievous Bodily Harm (GBH) Section 20 Assault involves grievous (or really serious) bodily harm or a wound. (i) hostility towards members of a racial group based on their membership of that group. The extent to which the offender has complied with the conditions of a licence or order (including the time that has elapsed since its commencement) will be a relevant consideration. Next, the court will consider the harm that has been caused. If you are charged, you will then either be remanded in custody, or released on bail. When considering the totality of previous offending a court should take a rounded view of the previous crimes and not simply aggregate the individual offences. For offences under section 20 the maximum sentence is 5 years, so a non-custodial sentence is more likely. This field is for validation purposes and should be left unchanged. 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). A guilty plea would attract a reduction of one third and if there is mitigation you might even get a suspended sentence although obviously that would be a good win. If you require medical treatment, a health care professional at the police station will assess you. 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. 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. 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. 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. It also includes wounding, for example by cutting or stabbing. GBH is also known as wounding with intent. the effect of the sentence on the offender. 3 years 4 years 6 months custody, Category range , 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. Injuries that fall under the bracket of Section 20 GBH are considered more serious than ABH. Offence committed for commercial purposes, 11. Lack of remorse should never be treated as an aggravating factor. Commission of an offence while subject to a. Sentencing for all three offences sees a significant change under the new guidelines. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. How are we dealing with cases in times of social distancing? Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. In some cases, having considered these factors, it may be appropriate to move outside the identified category range. 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. This website uses cookies to improve your experience while you navigate through the website. (5) Nothing in this section prevents a court from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences not listed in subsection (3). v) A custodial sentence that is suspended should be for the same term that would have applied if the sentence was to be served immediately. Mitigating factors include if the defendant has mental health issues, if the defendant has shown remorse, and if the offence was committed in response to a significant degree of provocation. 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. Penalties. 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. (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. The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the offence. 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). If necessary, you may be transferred to hospital. 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. Even if youve already been represented by the duty solicitor at the police station, you can instruct the team of. Consider a more onerous penalty of the same type identified for the basic offence. The court should assess the level of harm caused with reference to the impact on 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. This factor may apply whether or not the offender has previous convictions. Where the offender is dealt with separately for a breach of a licence or order regard should be had to totality. 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. It includes, among other things, harm caused through violence such as through punching or kicking. 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.