The court should determine the offence category with reference only to the factors listed in the tables below. Suspended sentence for Grievous Bodily Harm at Chesterfield Chesterfield crime solicitor David Gittins Chesterfield Crime Solicitor David Gittins recently represented a young man before Chesterfield Magistrates Court. The level of culpability is determined by weighing all the factors 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). 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. If there are significant extenuating circumstances, you might escape jail time. GBH (grievous bodily harm) always carries a severe sentence, whether with or without intent. ii) If the court imposes a term of imprisonment of between 14 days and 2 years (subject to magistrates courts sentencing powers), it may suspend the sentence for between 6 months and 2 years (the operational period). (i) hostility towards members of a racial group based on their membership of that group. What constitutes GBH with intent: Section 18 or Section 20? Approach to the assessment of fines - introduction, 6. 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. 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. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. 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. 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. Only the online version of a guideline is guaranteed to be up to date. (e) hostility related to transgender identity. The extent to which the offender has complied with the conditions of an order (including the time that has elapsed since its commencement) will be a relevant consideration. Factors such as planning, premeditation, or if the offence was carried out in the context of gang activity, will increase culpability. 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. Previous convictions are likely to be relevant when they share characteristics with the current offence (examples of such characteristics include, but are not limited to: dishonesty, violence, abuse of position or trust, use or possession of weapons, disobedience of court orders). A Section 20 assault is committed if the defendant: It is not possible to attempt to commit a Section 20 GBH offence. (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. 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. Is it possible to get a suspended sentence? This offence is . 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. What happens for a first offence of assault? This applies regardless of whether the offender is under the influence of legal or illegal substance(s). There are numerous ways that GBH Section 18 offences can be committed, but some examples of events that might be deemed a Section 18 offence include: Causing a disfigurement that can be seen, including a fractured skull, broken leg, head injury that causes a motor disability, and even psychiatric injury that presents visibly. 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. (2) It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid. 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. The imposition of a custodial sentence is both punishment and a deterrent. MEDIUM LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. The following is a list of factors which the court should consider to determine the level of aggravation. The offence is set out at Section 20 of the Offences against the Person Act 1861. 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. Here, the injuries suffered by the victim will be relevant. Intentionally Causing Grievous Bodily Harm (GBH) 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. 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 . Examples may include, but are not limited to, posts of images on social media designed to cause additional distress to the victim. Where custody is unavoidable consideration of the impact on dependants may be relevant to the length of the sentence imposed and whether the sentence can be suspended. This field is for validation purposes and should be left unchanged. Do I need a solicitor for a GBH allegation? 2) Is it unavoidable that a sentence of imprisonment be imposed? 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. It is mandatory to procure user consent prior to running these cookies on your website. Disqualification from driving general power, 10. the resulting injury is not so serious as to amount to GBH; These are specified violent offences. A Section 20 GBH offence is less serious and applies where someone injures or wounds another person, but it cannot be demonstrated that there was sufficient intent. 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. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. 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. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. Aggravated nature of the offence caused severe distress to the victim or the victims family. Suspended sentence for Grievous Bodily Harm at Chesterfield The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Plea guideline. The maximum penalty for Section 20 offences is five years imprisonment. What Are The Sentencing Guidelines for GBH? - JD Spicer Zeb The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Wife and I had major row, I slapped her across face after major provocation, - Answered by a verified Solicitor . Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. 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. The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? Also, the impact upon the victims ability to carry out day to day activities, including work, will be taken into account. i) The guidance regarding pre-sentence reports applies if suspending custody. Aggravation related to disability, sexual orientation or transgender identity statutory provisions, 1. 68 Emergency workers for the purposes of section 67 (1) In section 67, emergency worker means. Destruction orders and contingent destruction orders for dogs, 9. (3) So far as it relates to racial and religious hostility, this section does not apply in relation to an offence under sections 29 to 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated offences). Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Miscellaneous amendments to sentencing guidelines, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, 8. Section 20 Assault Solicitors - Top Rated Criminal Defence Lawyers The court will be assisted by a PSR in making this assessment. 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 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). Previous convictions of a type different from the current offence. 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. What is the sentence for grievous bodily harm offences in 2023? GBH stands for grievous bodily harm. This is old legal terminology that the courts have determined means really serious harm. Have you been accused of committing GBH without intent? If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. Following a domestic argument, a person goes to the kitchen drawer, removes a knife and stabs their partner. (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. The GBH or wounding must be caused either with an intent to cause some injury or with knowledge that injury was likely. (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. The maximum sentence for a Section 20 GBH is 5-years imprisonment. (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. 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. 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.