If it is your first offence or if the injuries inflicted are not considered particularly severe, it is unlikely you would be sent to prison, with fines and community orders preferred under these circumstances.
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Copyright ©2020 AllaboutUKLaw, All rights reserved. He pleaded guilty on February 12 after a two-year legal battle in which he claimed he had a legal defence because his clients signed consent forms.
If you are charged, your first court appearance will be at Magistrates’ Court where the charges will be read out. If the offender commits Grievous Bodily Harm and it is classed as a Section 20 assault, this will result in the lowest sentence, with a maximum term in prison of five years. Offenders convicted under Section 20 of the Offences against the Person Act may receive a custodial sentence no longer than five years. How can intent be proven for Grievous Bodily Harm (GBH)? Because of the distinction between the two sections and the need to prove intent to secure a conviction in the more severe cases under Section 18, there can sometimes be a fine line between which GBH offence the CPS chooses to charge an offender with. Where there was an intention to cause harm to the individual rather than to actually commit serious harm, the offence will be dealt with under Section 20. What should I do if I am arrested for a Section 18 offence?
Under the Mens Rea of a Section 20 assault, there must be an intention to cause serious harm regardless of whether any harm was caused.
An offender who strikes a victim in such a way that GBH level injuries are sustained but were not the intended outcome will most likely be charged with Section 20 GBH as would somebody acting recklessly by, for example throwing a glass in anger which hits somebody causing bleeding.
The Offences cover GBH Offences Against the Person Act (OAPA) 1861. But if you are convicted of GBH under section 18, you can only be tried in a Crown Court and the maximum penalty is life imprisonment.
Section 18 GBH assault is the more serious of the two offences as there must be proof that the defendant had full intention to cause serious bodily harm.
If you are arrested at the scene of the alleged offence, you will most likely be taken to custody at the same time that police officers begin their investigation. If, however, the offender was using a knuckle duster or similar implement to increase the force of their punch and broke the victims’ jaw then it is likely that the offence would be Section 18 as it can likely be proven that the offender intended to inflict that level of injury. Usually for the Section 18 offence, sentences range in severity from three to 16 years depending on the circumstances and any aggravating factors. For GBH, if you are convicted under section 20 in a Crown Court, the maximum penalty is five years' imprisonment and/or an unlimited fine.
For further details of our complaints policy and to make a complaint please click here. In either case, as the accused, you have certain rights in law about how you are treated and how you are given your chance to provide your side of the story.
Section 18 is considered a more severe offence than Section 20 due to the intentional infliction of serious injury, but it can be a more challenging offence to prove. Under Sections 18 and 20 of the Offences against the Person Act, GBH or Grievous Bodily Harm is a criminal offence. We explain what GBH is and if it is a criminal offence in the UK.
It is the responsibility of the prosecution to prove that intent. Miscarriage of Justice: I AM NOT A RAPIST. A life sentence in the UK is typically fifteen years before it can go before the Parole Board for review and a potential release. Section 18 GBH carries a maximum sentence of life imprisonment. There are also factors which result in lower culpability.
Really serious harm would include: With each of the above, the prosecution will need to provide expert evidence to support their claim. It is for the prosecution to prove that the offender intended to cause. When it proceeds to court, it will be for the jury to determine whether the offence and the harm caused to the victim was serious. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF.
This article was written by a member of the Expert Answers legal advice team and posted by Lloyd Barrett.
The maximum penalty for Section 20 offences is five years imprisonment. An injury that resulted in loss of sensory function, permanent disability or a visible disfigurement, displaced or broken limbs such as a fractured skull, broken cheek bones, jaws, ribs or compound fractures. Alton Towers closes until further notice due to lockdown despite planned Xmas events, LIVE updates -Will Donald Trump WIN 2nd term after Biden takes lead in Wisconsin, Trump claims he's WON & Biden's 'stealing' election - but count isn't even over, Covid stockpilers think YOU’RE stupid for not prepping as they reveal huge hauls, I'm mortgage-free at 35 & once paid for a £1.2k supermarket shop with coupons, ©News Group Newspapers Limited in England No. i) The guidance regarding pre-sentence reports applies if suspending custody. An injury which causes a significant loss of blood which requires a transfusion or results in a prolonged period of incapacity or treatment, Injury which can include the transmission of diseases or causing psychological harm, If the victim is particularly vulnerable due to their personal circumstances, Repeated or sustained assault on the same victim, The use of a weapon or equivalent (this can include anything such as head-butting or the use of acid), A clear intention to cause more serious harm than what was actually caused, If they received a particular level of provocation, A mental disorder or disability where it can be linked to the offence, Medical evidence and/or forensics – Experts may need to provide evidence to support the fact that the injuries were consistent with the allegations made against the defendant, Whether the defendant could plead self defence. Section 18 is considered a more severe offence than Section 20 due to the intentional infliction of serious injury, but it can be a more challenging offence to prove. In these circumstances, and if all parties agree to it, the police may use a Community Resolution to deal with the offence. www.allaboutuklaw.co.uk is a trading style of Expert Answers Ltd. In some cases, the victim makes a report to the police after the event. Expert Answers provides online legal advice on all aspects of UK Law to users in the United Kingdom. 20 January 2012. For advice and the best possible outcome, you should choose a solicitor with expertise in cases of violence and serious assault. Your solicitor should guide you in this, and you will probably have already discussed the possibility before your appearance in court. News Corp is a network of leading companies in the worlds of diversified media, news, education, and information services. 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’).
Three judged dismissed the claim saying it was not in the public interest that a person could wound another person for no good reason. Qredible provides an easy to use and trusted platform that enables people to make informed decisions and get the answers they need from leading advisers that, in turn, benefit from showcasing their capabilities and reputation by utilising our technology and experience.
If you are charged with an offence under Section 18, the case will be referred to Crown Court for trial on a future date. Find Solicitors, Lawyers and Law Firms in the UK with Qredible, Qredible.co.uk, connecting people with lawyers, Lawyers, Solicitors, Conveyancers and Barristers are waiting to help you, No matter what legal issue you have, find the right lawyer at Qredible.co.uk, Contact the right lawyer for you for free and without registration.
When dealing with this offence, proving recklessness is not sufficient; it must be proven that the defendant had intent. A good GBH solicitor can provide you with the advice and support you through your case, providing the required legal representation. Whilst every care has been taken in the the creation and compiling of the information provided on this website, by using this website you agree that we won't be held liable or responsible for any loss, damage or other inconvenience caused as a result of any inaccuracy or error within the pages of this website and that all information contained within are presented as is. Proving a Section 18 GBH charge involves demonstrating that the offender physically caused severe injury and that, at the time of the assault, this is their intended outcome.
To inquire about a licence to reproduce material, visit our Syndication site. Some of these are easier to prove than others as proving intent can be tricky, given that the prosecution needs to prove what was going on in the mind of the offender before and during the incident. If you have been arrested for GBH or if you have any questions, concerns or queries about anything to do with a GBH case, get in touch and speak to one of our.
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