color:#ffffff; 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. A simple assertion of the fact may be insufficient, and the offenders demeanour in court could be misleading, due to nervousness, a lack of understanding of the system, a belief that they have been or will be discriminated against, peer pressure to behave in a certain way because of others present, a lack of maturity etc. 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. } 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. 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. font-size:1pt; Thank you. Barrister clearly explained possible outcomes and most realistic outcome. If a PSR has been prepared it may provide valuable assistance in this regard. Sentencing guidelines Judges and magistrates must follow guidelines from the Sentencing Council when deciding what sentences to give. (ii) services in the support of the provision of NHS health services, and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public. In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. (3) In this section custodial institution means any of the following. The level of culpability is determined by weighing all the factors of the case. Only the online version of a guideline is guaranteed to be up to date. 2) Is it unavoidable that a sentence of imprisonment be imposed? First time offenders usually represent a lower risk of reoffending. 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). The court must give reasons if it decides not to order compensation (Sentencing Code, s.55). Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements. (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). 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. Approach to the assessment of fines - introduction, 6. 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. 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 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. (5) In this section, emergency worker has the meaning given by section 68. Examples may include, but are not limited to, posts of images on social media designed to cause additional distress to the victim. In all cases, the court should consider whether to make compensation and/or other ancillary orders. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence. Aggravated nature of the offence caused severe distress to the victim or the victims family (over and above the distress already considered at step one). Aggravated element formed a minimal part of the offence as a whole. 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. A wound is the breaking of the skin. (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. Where there are characteristics present which fall under different levels of aggravation, the court should balance these to reach a fair assessment of the level of aggravation present in the offence. 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 a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. Our criteria for developing or revising guidelines. In particular, a Band D fine may be an appropriate alternative to a community order. Disqualification until a test is passed, 6. (Young adult care leavers are entitled to time limited support. The Criminal Procedure Amendment (Sentencing Guidelines) Act 1998 was passed in response to the first guideline judgment of R v Jurisic (1998) 45 NSWLR 209, and gave statutory recognition to the issuing of guideline judgments in NSW. There were 224 DHMP sentences given in the period 2011 to 2019. 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. (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. It is for the prosecution to prove that the offender intended to . When considering a custodial or community sentence for a young adult the Probation Service should address these issues in a PSR. 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. * 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. #nf-form-12-cont .nf-form-title h3 { Extension period of disqualification from driving where a custodial sentence is also imposed, 2. We are a law firm with our HQ in Birmingham, alongside offices in London and Milton Keynes. 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). The offences of wounding and GBH are found under two separate sections of the Offences Against the Person Act 1861. 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. background-color:#ffffff; The prospect of death in the near future will be a matter considered by the prison authorities and the Secretary of State under the early release on compassionate grounds procedure (ERCG). The following guidance should be considered when seeking to determine the degree to which previous convictions should aggravate sentence: Section 65 of the Sentencing Code states that: (1) This section applies where a court is considering the seriousness of an offence (the current offence) committed by an offender who has one or more relevant previous convictions. This is subject to subsection (3). .nf-form-content .nf-field-container #nf-field-84-wrap .nf-field-element .ninja-forms-field { This applies regardless of whether the offender is under the influence of legal or illegal substance(s). (6) In this section. Do not retain this copy. color:#000000; Source: Sentencing Council: Inflicting grievous bodily harm/ Unlawful wounding/ Racially or religiously aggravated GBH/ Unlawful wounding. High level community order 2 years custody, Category range Forfeiture or suspension of liquor licence, 24. Where the offender is a care leaver the court should enquire as to any effect a sentence may have on the offenders ability to make use of support from the local authority. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. 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. 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 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. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. There are common elements of the two offences. background-color:#ffffff; Imposition of fines with custodial sentences, 2. Simplified Standard Witness Table (revised March 2018). Offender was a member of, or was associated with, a group promoting hostility based on race or religion. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. 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; . 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. Navigation Menu 638269. 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). (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. 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. This factor may apply whether or not the offender has previous convictions. 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. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3). font-size:18pt; When assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. 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. 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. Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. A person charged under Section 20 will always require legal representation as soon as they have been charged. 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. Kang & Co Solicitors Limited Registered Office: 1 Victoria Square, Birmingham, B1 1BDAccessibility|Privacy Policy|Legal Statement|Terms of Use|Complaints Policy|Terms of Business| Careers |FAQs | Refunds Policy | Phone: 0345 222 9955 | VAT No: 274718770Kang & Co Solicitors 2023 All Rights Reserved. In deciding your sentence, the judge is required to follow guidelines laid out by the Sentencing Council, which balance the level of injury with culpability. Excellent service from initial contact to finishing the court case. Typically, sentences for GBH Section 18 offences can be anywhere from three years to a maximum of life imprisonment. Disqualification in the offenders absence, 9. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. In deciding what sentence to give you, the court will look to a number of factors that could aggravate or mitigate. 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. (2) The court, (a) must treat the fact that the offence is aggravated by hostility of any of those types as an aggravating factor, and. Offender was a member of, or was associated with, a group promoting hostility based on race or religion. 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 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. A case of particular gravity, reflected by multiple features of culpability in step one, could merit upward adjustment from the starting point before further adjustment for aggravating or mitigating features, set out below. What do the various charges mean? 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. All cases will involve really serious harm, which can be physical or psychological, or wounding. Aggravated nature of the offence caused severe distress to the victim or the victims family. The sentencer should state in open court that the offence was aggravated by reason of race or religion, and should also state what the sentence would have been without that element of aggravation. background-color:#ffffff; The court must have regard to the totality of the offenders criminality when passing the second sentence, to ensure that the total sentence to be served is just and proportionate. 2) Is it unavoidable that a sentence of imprisonment be imposed? (ii) services in the support of the provision of NHS health services, and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public. The court must determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case. The sentencer should state in open court that the offence was aggravated by reason of race or religion, and should also state what the sentence would have been without that element of aggravation. font-size:16pt; The magistrates' court will decline jurisdiction in those cases where it considers its powers of sentencing are insufficient. } If you have just read our quick guide to Section 20 GBH then you should have an idea by now whether you require legal representation for this offence. (Young adult care leavers are entitled to time limited support. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. Therefore a young adults previous convictions may not be indicative of a tendency for further offending. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Intoxication precludes crimes of specific intent; if you were drunk, you can only get s20 GBH/Wounding. To ensure that the overall terms of the suspended sentence are commensurate with offence seriousness, care must be taken to ensure requirements imposed are not excessive. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. Where an offender has been given an inappropriate level of responsibility, abuse of trust is unlikely to apply. 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. i) The guidance regarding pre-sentence reports applies if suspending custody. 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, 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, Ancillary orders Crown Court Compendium, Part II Sentencing, s7, 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, Increase the length of custodial sentence if already considered for the basic offence, Consider a significantly more onerous penalty of the same type. Consider a more onerous penalty of the same type identified for the basic offence. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. 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.. For a s20 offence, the defendant must intentionally or recklessly wound or inflict grievous bodily harm on the victim. 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). float:right; border-color:#000000; See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3). (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. Section 20 Assault - Unlawful Wounding/Grievous Bodily Harm (GBH) Section 20 Assault involves grievous (or really serious) bodily harm or a wound. } Offence committed for commercial purposes, 11. 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 committed against those working in the public sector or providing a service to the public, 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 subject to 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 court must ensure that the restriction on the offenders liberty is commensurate with the seriousness of the offence and that the requirements imposed are the most suitable for the offender. fear and loathing in las vegas adrenochrome scene. 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. Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. 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 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. 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. 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. 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. This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered. color:#0080aa; (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. 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. This will be particularly relevant where the court is considering whether to impose a sentence that focuses on rehabilitation. The court must have regard to the totality of the offenders criminality when passing the second sentence, to ensure that the total sentence to be served is just and proportionate. Grievous Bodily Harm (GBH) Section 20 is an offence contained within Section 20 Offences Against the Person Act 1861. Previous convictions of a type different from the current 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. 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. 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). EDDIE51. Penalty notices fixed penalty notices and penalty notices for disorder, 7. 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 . background-color:#ffffff; Racial or religious aggravation statutory provisions, 2. The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the 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. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. If a person's skin is broken, Unlawful Wounding could also be considered to have taken place.
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