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. .nf-form-content .nf-field-container #nf-field-85-wrap { background-color:#0080aa; The court must determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case. 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). background-color:#ffffff; color:#0080aa; 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. Racial or religious aggravation formed a significant proportion of the offence as a whole. border-color:#000000; 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. 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. Racial or religious aggravation statutory provisions, 2. Offences for which penalty notices are available, 5. (i) hostility towards members of a racial group based on their membership of that group. When assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. Numerous and frequent previous convictions might indicate an underlying problem (for example, an addiction) that could be addressed more effectively in the community and will not necessarily indicate that a custodial sentence is necessary. A community order must not be imposed unless the offence is serious enough to warrant such a sentence. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. 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. background-color:#424242; Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. Changes to legislation: There are currently no known outstanding effects for the Offences against the Person Act 1861, Section 20. Consider a more onerous penalty of the same type identified for the basic offence. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). If so, they must commit for sentence to the Crown Court. Kang & Co Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA No. Posted on July 4, 2022 by . Disqualification of company directors, 16. border-style:solid; Where the offender is dealt with separately for a breach of an order regard should be had to totality. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. i) The guidance regarding pre-sentence reports applies if suspending custody. Violent Offences. All were to children between 15 and 17 years old. 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. Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law. 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. In the case of a person addicted to drugs or alcohol the intoxication may be considered not to be voluntary, but the court should have regard to the extent to which the offender has sought help or engaged with any assistance which has been offered or made available in dealing with the addiction. The court should consider the time gap since the previous conviction and the reason for it. No matter how serious the allegation, we understand the stress and worry that cases of this nature can bring and we guide our clients through their case with sensitivity . The magistrates' court will decline jurisdiction in those cases where it considers its powers of sentencing are insufficient. The court must give reasons if it decides not to order compensation (Sentencing Code, s.55). If you feel you do require legal advice and representation please not hesitate to contact us by calling 0345 222 9955 or by filling out our contact form. Refer to the. 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. Click on this link to the Guidance Page to view the following: Standard File Structure (revised March 2018) - setting out to which section items should be uploaded. A wound is the breaking of the skin. The crime of conspiracy to commit GBH ( grievous bodily harm) or plotting with one or more other people to wound is one of the most serious offences, short of murder. .nf-form-content .nf-field-container #nf-field-84-wrap .nf-field-label label { 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. For these reasons first offenders receive a mitigated sentence. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Our criteria for developing or revising guidelines. 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. 9 Bedford Row's Max Hardy quoted in the Daily Mail on why doubling magistrates' sentencing powers may add to the spiralling court This will be particularly relevant where the court is considering whether to impose a sentence that focuses on rehabilitation. The following is a list of factors which the court should consider to determine the level of aggravation. Where an offender has been given an inappropriate level of responsibility, abuse of trust is unlikely to apply. (3) In this section custodial institution means any of the following. 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. 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. Grievous Bodily Harm (GBH) Section 20 is an offence contained within Section 20 Offences Against the Person Act 1861. User guide for this offence i) The guidance regarding pre-sentence reports applies if suspending custody. color:#0080aa; When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements. 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. 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. 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 level of culpability is determined by weighing up all the factors of the case. A copy of the SRA Code of Conduct can be found at www.sra.org.uk. iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. VHS Fletchers Offices through the East Midlands . 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. Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. } color:#0080aa; See Totality guideline. 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. Inflicting grievous bodily harm/ Unlawful wounding must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offenders case, and. History of significant violence or abuse towards the offender by the victim, the offenders responsibility for the offence and. EDDIE51. 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. A list of our Directors is available for inspection at our Registered Office. This is subject to subsection (3). 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. the fact that someone is working in the public interest merits the additional protection of the courts. The presence of one or more children may in some situations make the primary victim more vulnerable for example an adult may be less able to resist the offender if concerned about the safety or welfare of children present. 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). We offer our solicitors and barristers services nationwide on a private fee-paying basis. But, an offenders knowledge that he will likely face the prospect of death in prison, subject only to the ERCG provisions, is a factor that can be considered by the sentencing judge when determining the sentence that it would be just to impose. Where no offence specific guideline is available to determine seriousness, the harm caused by the offence, the culpability of the offender and any previous convictions will be relevant to the assessment. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. Company Registration No. color:#0080aa; 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. This factor may apply whether or not the offender has previous convictions. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. 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. Leaving care services may change at the age of 21 and cease at the age of 25, unless the young adult is in education at that point). Immaturity can also result from atypical brain development. 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). 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. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development.