The maximum penalty for Section 20 offences is five years imprisonment. (i) hostility towards members of a racial group based on their membership of that group. 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. Injuries that fall under the bracket of Section 20 GBH are considered more serious than ABH. However, such a condition, even when it is difficult to treat in prison, will not automatically entitle the offender to a lesser sentence than would otherwise be appropriate. Please remember to complete a form if you have just sentenced an offender for: Inflicting grievous bodily harm/unlawful wounding, Offences against the Person Act 1861 (section 20), Racially or religiously aggravated GBH/unlawful wounding, Crime and Disorder Act 1998 (section 29), Offence range: Community order 4 years 6 months custody. In all likelihood they have committed a Section 18 offence because at the time of the incident, they intended to wound them. For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing. This relates to the mental intention of the defendant at the time that the offence was committed. (a) a reference to providing services to the public includes a reference to providing goods or facilities to the public; (b) a reference to the public includes a reference to a section of the public. This is your role in the offence. 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. In order to be charged for GBH without intent, it must be considered that the act was reckless and committed without intention. 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. (e) hostility related to transgender identity. This factor may apply whether or not the offender has previous convictions. (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. You will then have to appear before the Magistrates Court for your first appearance. If it is your first offence or if the injuries inflicted are not considered particularly severe, it is unlikely you would be sent to prison, with fines and community orders preferred under these circumstances. Things our solicitors look out for in Section 20 GBH Cases Identifying weaknesses within the prosecution case; An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. Racial or religious aggravation was the predominant motivation for the offence. The court should determine the offence category with reference only to the factors listed in the tables below. See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3). Section 59(1) of the Sentencing Code provides that: unless the court is satisfied that it would be contrary to the interests of justice to do so.. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. A section 20 assault committed in the UK carries a maximum custodial sentence of five years and/or an unlimited fine. For further information see Imposition of community and custodial sentences. 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. Medium level community order 1 years custody. Care should be taken to avoid double counting matters taken into account when considering previous convictions. (a) an offence of common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies; (b) an offence under any of the following provisions of the Offences against the Person Act 1861. The following factors should be weighed in considering whether it is possible to suspend the sentence: Factors indicating that it would not be appropriate to suspend a custodial sentence, Factors indicating that it may be appropriate to suspend a custodial sentence, Offender presents a risk/danger to the public, Appropriate punishment can only be achieved by immediate custody, History of poor compliance with court orders, Immediate custody will result in significant harmful impact upon others. 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. The table below contains a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Disqualification from driving general power, 10. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. 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. The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. 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. 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. 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. 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. Even if youve already been represented by the duty solicitor at the police station, you can instruct the team of. 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. History of significant violence or abuse towards the offender by the victim, the offenders responsibility for the offence and. Section 66 of the Sentencing Code states: Hostility (1) This section applies where a court is considering the seriousness of an offence which is aggravated by, (d) hostility related to sexual orientation, or. Significant or sustained hospital treatment on the other hand suggests GBH. GBH stands for grievous bodily harm. This is old legal terminology that the courts have determined means really serious harm. The case may later be transferred to the Crown Court. Factors such as planning, premeditation, or if the offence was carried out in the context of gang activity, will increase culpability. A person charged under Section 20 will always require legal representation as soon as they have been charged. The custody sergeant will ask you if you wish to have anyone informed of your arrest. Forfeiture or suspension of liquor licence, 24. In order to determine the category the court should assess culpability and harm. High level community order 2 years custody, Category range The guidelines range from a community order to 4 years imprisonment. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. 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.. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. Approach to the assessment of fines - introduction, 6. , albeit a case will normally be dealt with in the latter. LOW LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. 2) Is it unavoidable that a sentence of imprisonment be imposed? Understanding different types of assault charges in English Law. Immaturity can also result from atypical brain development. What is the difference between a Section 18 and a Section 20 assault? one of Londons most respected criminal law firms, An injury resulting in permanent disability, loss of sensory function or visible disfigurement, Broken bones including a fractured skull, compound fractures, broken cheekbone, jaw or ribs, Injuries that cause a substantial loss of blood, Unlawfully wounds another person (using unlawful force), Inflicts grievous bodily harm on another person, Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. Remorse can present itself in many different ways. The court must give reasons if it decides not to order compensation (Sentencing Code, s.55). GBH is classified a criminal offence under Section 18 and 20 of the Offence Against the Person Act 1861 (OAPA). The most serious sentence that you could face for GBH under Section 20 is 5 years custody. A community order must not be imposed unless the offence is serious enough to warrant such a sentence. However, this factor is less likely to be relevant where the offending is very serious. Ultimately, this is likely to have a highly significant impact upon whether you are convicted, and the heftiness of your sentence. 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. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. 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. A Section 20 assault is committed if the defendant: It is not possible to attempt to commit a Section 20 GBH offence. (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. Additionally an offence may be made more serious where an offender has abused their position to facilitate and/or conceal offending. (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. 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. Nicks measured and methodical approach means he thrives on even the most complex case. 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 element formed a minimal part of the offence as a whole. 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. ABH cases dropped after brawl in Camden Assembly Rooms, London Blackfriars Crown Court, Speak to someone who can help within 30 minutes*. (a) a prison; (b) a young offender institution, secure training centre or secure college; (c) a removal centre, a short-term holding facility or pre-departure accommodation, as defined by section 147 of the Immigration and Asylum Act 1999; (d) services custody premises, as defined by section 300(7) of the Armed Forces Act 2006; custody officer has the meaning given by section 12(3) of the Criminal Justice and Public Order Act 1994; escort functions. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). Previous convictions of a type different from the current offence. 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. Either or both of these considerations may justify a reduction in the sentence. The maximum sentence for a Section 20 GBH is 5-years imprisonment. 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. 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. (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 The offence is also more serious if the victim of the assault is an emergency worker. 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. An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. In particular, a Band D fine may be an appropriate alternative to a community order. Whether the Magistrates' Court is prepared to deal with the matter will depend upon the circumstances of the case and the nature of the injuries sustained. *We aim to respond to every enquiry between 9am5pm within 30 minutes. These can include broken bones or permanent disfigurement. In court today charged with GBH section 20. The court must determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case. Introduction to out of court disposals, 5. 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. There is no general definition of where the custody threshold lies. 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. 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. Grievous bodily harm (GBH) is basically 'really serious bodily harm'. 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. 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. Refer to the Overarching Principles: Domestic Abuse Definitive Guideline. In some cases, having considered these factors, it may be appropriate to move outside the identified category range. Olliers assisted in securing a suspended sentence following a guilty plea by a defendant facing a charge of s.20 assault where a young child was injured. What happens for a first offence of assault? 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 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. Section 20 GBH Sentencing Guidelines This is an 'either way' offence, which means that the matter can be heard in either the Magistrates' Court or the Crown Court. Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. Is section 20 GBH an indictable offence? Where the offender is dealt with separately for a breach of a licence or order regard should be had to totality. Inflicting grievous bodily harm/ Unlawful wounding must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offenders case, and. Effective in relation to convictions on or after 28 June 2022, 68A Assaults on those providing a public service etc, (a) a court is considering the seriousness of an offence listed in subsection (3), and. What is worse GBH or assault? Home > Knowledge Centre > What does it mean to be charged for GBH without intent under UK law? If a PSR has been prepared it may provide valuable assistance in this regard. However, the court must make clear to the offender that all sentencing options remain open including, in appropriate cases, committal for sentence to the Crown Court. Aggravated nature of the offence caused severe distress to the victim or the victims family. 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. (1) This section applies where a court is considering the seriousness of an offence listed in subsection (3). Is it possible to get a suspended sentence? 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. This will depend on the context in which the offence occurred. 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. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. 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. This is subject to subsection (3). Instruct an expert criminal law solicitor to represent you Examples may include, but are not limited to, posts of images on social media designed to cause additional distress to the victim. This applies whether the victim is a public or private employee or acting in a voluntary capacity. (iv) section 47 (assault occasioning actual bodily harm); (c) an inchoate offence in relation to any of the preceding offences. Where the offender is dealt with separately for a breach of an order regard should be had to totality. (b) must state in open court that the offence is so aggravated. We are available to represent accused individuals 24 hours a day to protect your rights and give you the best chance of a positive outcome. Only the online version of a guideline is guaranteed to be up to date. Consider a more onerous penalty of the same type identified for the basic offence. Contact us to discuss your options and how we can prepare the best case from the outset. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. Offence committed for commercial purposes, 11. (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). *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. 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. Any life changing incidents should be charged as GBH, while mild hospital treatment suggests ABH. This guideline applies only to offenders aged 18 and older. 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. (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). 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. Where an offender has been given an inappropriate level of responsibility, abuse of trust is unlikely to apply. Destruction orders and contingent destruction orders for dogs, 9. In order to be convicted of a Section 20 GBH, there must be proof that the defendant caused the victim serious harm. 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 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. 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. 247 High Road, Wood Green, London, N22 8HF. 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. 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. He was the leader in a gang (of . 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.
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