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. 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. This guideline applies only to offenders aged 18 and older. A list of our Directors is available for inspection at our Registered Office. 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. We also have an office at, Driving a Vehicle in a Dangerous Condition, Administering a Noxious or Poisonous Substance, Grievous Bodily Harm (GBH) / Wounding with Intent, Charity Partner 2018 Birmingham Dogs Home, Charity Partner 2019 Acorns Childrens Hospice, Sentencing Council: Inflicting grievous bodily harm/ Unlawful wounding/ Racially or religiously aggravated GBH/ Unlawful wounding, A custodial (prison) sentence of up to 5 years. 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, Common assault section 39 Criminal Justice Act 1988; Racially/religiously aggravated Common assault section 29 Crime and Disorder Act 1998; Assault on Emergency Worker section 1 Assaults on Emergency Workers (Offences) Act 2018, Assault with intent to resist arrest section 38 Offences Against the Person Act 1861, Assault occasioning actual bodily harm section 47 Offences Against the Person Act 1861; Racially/religiously aggravated ABH section 29 Crime and Disorder Act 1998, Inflicting grievous bodily harm/Unlawful wounding section 20 Offences Against the Person Act 1861; Racially/religiously aggravated GBH/Unlawful wounding section 29 Crime and Disorder Act 1998, Causing grievous bodily harm with intent to do grievous bodily harm/Wounding with intent to do grievous bodily harm section 18 Offences Against the Person Act 1861, Attempted murder s1(1) Criminal Attempts Act 1981. (v) hostility towards persons who are transgender. 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. 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, 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 normal day to day activities or on their ability to work, Grave but non life-threatening injury caused, Offence results in a permanent, irreversible injury or condition but no substantial and long term effect on victims ability to carry out normal day to day activities or on their ability to work, The seriousness of the offence should be the. I would recommend Kang and Co Solicitorsabove any other company Ive spoken too.Above all I got the outcome I desired based upon Mr. Kang expertise.. background-color:#424242; Examples may include relationships such as teacher and pupil, parent and child, employer and employee, professional adviser and client, or carer (whether paid or unpaid) and dependant. 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. font-size:12pt; (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 guidelines have been revised following evaluation of the existing assault guidelines, which were the first ever issued by the Sentencing Council, and to reflect the stepped approach introduced in more recent Council guidelines. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. There will always be a need to balance issues personal to an offender against the gravity of the offending (including the harm done to victims), and the public interest in imposing appropriate punishment for serious offending. 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. Very knowledgeable about the subject to hand and extremely confident with the advice given to me at the time of a stressful situation. 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. font-size:12pt; color:#000000; Grievous Bodily Harm, or GBH, can be defined as the purposeful causing of serious injury to another person. When considering a custodial or community sentence for a young adult the Probation Service should address these issues in a PSR. 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. s20 gbh sentencing guidelines What is the difference between s18 and s20? If a person's skin is broken, Unlawful Wounding could also be considered to have taken place. Main Menu. padding:15px; 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. In particular, a Band D fine may be an appropriate alternative to a community order. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. Do not retain this copy. Section 20 Assault - Unlawful Wounding/Grievous Bodily Harm (GBH) Section 20 Assault involves grievous (or really serious) bodily harm or a wound. 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. 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 custody threshold has been passed; and, if so. Where the current offence is significantly less serious than the previous conviction (suggesting a decline in the gravity of offending), the previous conviction may carry less weight. Applicability Step 1 - Determining the offence category The court should determine the offence category with reference only to the factors listed in the tables below. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. 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. This offence is committed when a person unlawfully and maliciously, either wounds another person; or inflicts grievous bodily harm upon another person. s20 gbh sentencing guidelines. Community orders can fulfil all of the purposes of sentencing. (b) must state in open court that the offence is so aggravated. The court must give reasons if it decides not to order compensation (Sentencing Code, s.55). 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. 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. (3) In this section custodial institution means any of the following. (i) the victims membership (or presumed membership) of a racial group. font-size:12pt; 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. the fact that someone is working in the public interest merits the additional protection of the courts. The court will be assisted by a PSR in making this assessment. 10350638. All cases will involve really serious harm, which can be physical or psychological, or wounding. } background-color:#ffffff; 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. It is for the prosecution to prove that the offender intended to . Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. When assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. The imposition of a custodial sentence is both punishment and a deterrent. Either or both of these considerations may justify a reduction in the sentence. The act: The unlawful causing of a wound or application (both directly and indirectly) of serious harm to another. When considering a custodial or community sentence for a young adult the Probation Service should address these issues in a PSR. 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. The court should consider the time gap since the previous conviction and the reason for it. 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. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. The court should assess the level of harm caused with reference to the impact on the victim. 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). Where an offender has been given an inappropriate level of responsibility, abuse of trust is unlikely to apply. Criminal justice where does the Council fit? The table below contains a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. Only the online version of a guideline is guaranteed to be up to date. 19:58 Mon 11th Jan 2016. s20 gbh sentencing guidelines. Lack of remorse should never be treated as an aggravating factor. Where the offender is dealt with separately for a breach of a licence or order regard should be had to totality. In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. } Inflicting grievous bodily harm/Racially or religiously aggravated GBH/Unlawful wounding sentencing guideline survey in the Crown Court - Sentencing