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. 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. Psychiatric injury can also constitute a GBH charge. 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. The circumstances of the individual offence and the factors assessed by offence-specific guidelines will determine whether an offence is so serious that neither a fine alone nor a community sentence can be justified. A list of our Directors is available for inspection at our Registered Office. In this Criminal Law Explained article we will take you through the law, the sentencing and the defence for the offence of Section 20GBH (Grievous Bodily Harm)in England & Wales. NEW 2023 Better Case Management Revival Handbook (January 2023). All were to children between 15 and 17 years old. font-size:12pt; Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. The Sentencing Council has published revised sentencing guidelines for assault offences, including common assault and attempted murder, and new guidance for assault on emergency workers to reflect changes in legislation. 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. 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. Penalty notices fixed penalty notices and penalty notices for disorder, 7. This applies whether the victim is a public or private employee or acting in a voluntary capacity. Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. In some cases, having considered these factors, it may be appropriate to move outside the identified category range. 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. Aggravated nature of the offence caused some distress to the victim or the victims family. Category range font-size:16pt; If so, they must commit for sentence to the Crown Court. * If order does not contain a punitive requirement, suggested fine levels are indicated below: **Note: Changes to the curfew requirements brought in by the Police, Crime, Sentencing and Courts Act 2022 are set out in the Requirements section in the Overarching Guideline: Imposition of community and custodial sentences, but are not reflected in the ranges above. (3) Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated. font-size:18pt; the effect of the sentence on the offender. 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. Aggravation related to disability, sexual orientation or transgender identity statutory provisions, 1. Sentencing for all three offences sees a significant change under the new guidelines. In particular young adults (typically aged 18-25) are still developing neurologically and consequently may be less able to: Young adults are likely to be susceptible to peer pressure and are more likely to take risks or behave impulsively when in company with their peers. The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the offence. Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. 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 lack of maturity when considering the significance of such conduct. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). 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). (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). s20 gbh sentencing guidelines. Blog Inizio Senza categoria s20 gbh sentencing guidelines. Lack of remorse should never be treated as an aggravating factor. A custodial sentence must not be imposed unless the offence or the combination of the offence and one or more offences associated with it was so serious that neither a fine alone nor a community sentence can be justified for the offence. Commission of an offence while subject to a. (5) In this section, emergency worker has the meaning given by section 68. Therefore a young adults previous convictions may not be indicative of a tendency for further offending. Secondly, the mental intention required for ABH is the intention to assault, or recklessness to assault. Grievous Bodily Harm (GBH) Section 20 is an offence contained within Section 20 Offences Against the Person Act 1861. Where an offender has been given an inappropriate level of responsibility, abuse of trust is unlikely to apply. A custodial sentence must not be imposed unless the offence or the combination of the offence and one or more offences associated with it was so serious that neither a fine alone nor a community sentence can be justified for the offence. font-size:12pt; Medium level community order 1 years custody. Main Menu. 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. The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? 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). There are three key differences between ABH and GBH. In particular, a Band D fine may be an appropriate alternative to a community order. (1) This section applies where a court is considering the seriousness of an offence listed in subsection (3). Reduced period of disqualification for completion of rehabilitation course, 7. i) The guidance regarding pre-sentence reports applies if suspending custody. Disqualification of company directors, 16. Imposition of fines with custodial sentences, 2. Highly dangerous weapon equivalents can include corrosive substances (such as acid), whose dangerous nature must be substantially above and beyond the legislative definition of an offensive weapon which is; any article made or adapted for use for causing injury, or is intended by the person having it with him for such use. To determine whether the magistrates' court is likely to accept or decline . Navigation Menu However, this factor is less likely to be relevant where the offending is very serious. Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be kept in penal servitude. (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. color:#0080aa; Where the offender is dealt with separately for a breach of an order regard should be had to totality. 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. Navigation Menu. } background-color:#424242; 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. 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. 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. (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. S20 Wounding (GBH) Section 20 assault involves grievous (or really serious) bodily harm or a wound. Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. We are a law firm with our HQ in Birmingham, alongside offices in London and Milton Keynes. 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. The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). Thank you. Aggravated nature of the offence caused minimal or no distress to the victim or the victims family (over and above the distress already considered at step one). Things our solicitors look out for in Section 20 GBH Cases Identifying weaknesses within the prosecution case; The starting point applies to all offenders irrespective of plea or previous convictions. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. 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). Offences for which penalty notices are available, 5. Identifying weaknesses within the prosecution case; Establishing whether the prosecution can place our client at the scene during the alleged offence, Determining whether the injuries amount to serious harm, Determining whether the prosecution can prove that the accused had the intent to cause a wound or apply some harm, Evaluating the strength of the prosecution evidence, Assessing the credibility of prosecution witnesses. The court can take account of physical disability or a serious medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the offender, or as a matter of generally expressed mercy in the individual circumstances of the case. 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. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. These are specified violent offences. (Young adult care leavers are entitled to time limited support. Menu. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. (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. (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 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. This field is for validation purposes and should be left unchanged. Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. 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. The prosecution will need to prove both elements mentioned above to secure a conviction Grievous Bodily Harm (GBH) Section 20 against a Defendant. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. In deciding what sentence to give you, the court will look to a number of factors that could aggravate or mitigate. } Extension period of disqualification from driving where a custodial sentence is also imposed, 2. Intoxication precludes crimes of specific intent; if you were drunk, you can only get s20 GBH/Wounding. 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. Do not retain this copy. 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. (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. VHS Fletchers Offices through the East Midlands . 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. Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. color:#0080aa; Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. 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. 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. The maximum sentence for s20 is five years' imprisonment. The court should consider whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose an extended sentence (sections 266 and 279). 10 offenders were aged 10-14 at the time of sentencing, 130 were aged 15-17 and 84 . (i) the victims membership (or presumed membership) of a racial group. In addition when sentencing an offender who is pregnant relevant considerations may include: The court should ensure that it has all relevant information about dependent children before deciding on sentence. User guide for this offence The same crime, when classified as committed without intent, comes with a maximum prison sentence of five years. color:#0080aa; EDDIE51. 10350638. 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. 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). .nf-form-content .nf-field-container #nf-field-87-wrap { } The following is a list of factors which the court should consider to determine the level of aggravation. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. } Hierarchy Numbering of the offences in the statute Assault and battery sentencing ABH and GBH s20 sentencing The jump to life s 18 The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Code.
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