The main difference between a Section 18 and a Section 20 assault is the issue of intent. one of Londons most respected criminal law firms, An injury resulting in permanent disability, loss of sensory function or visible disfigurement, Broken bones including a fractured skull, compound fractures, broken cheekbone, jaw or ribs, Injuries that cause a substantial loss of blood, Unlawfully wounds another person (using unlawful force), Inflicts grievous bodily harm on another person, Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. See also the Imposition of community and custodial sentences guideline. This is because it would seem less credible if you raised the defence of self-defence at court, without having first mentioned it to the police. 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. It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence.*. First time offenders usually represent a lower risk of reoffending. If alcohol was the reason behind the attack and the attacker is now getting help with his alcohol problem will he still get a prison sentence. (5) In this section, emergency worker has the meaning given by section 68. Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. The custody sergeant will ask you if you wish to have anyone informed of your arrest. My son has been charged with gbh section 20, there are mitigating circumstances, as in his friend had just just got knocked unconcious in the road and he was trying to make sure he was not moved. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. This is subject to subsection (3). Can I get away with GBH? (4) For the purposes of this section, an offence is aggravated by hostility of one of the kinds mentioned in subsection (1) if, (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on. Commission of an offence while subject to a. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. 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. In all likelihood they have committed a Section 18 offence because at the time of the incident, they intended to wound them. 3 years 4 years 6 months custody, Category range Section 20. do inflict injuries which are seriously detrimental to the health of the victim, but in these cases the defendant has no mens rea (knowledge or intention of wrongdoing), and sentences are capped at five years imprisonment. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. Disqualification from ownership of animals, 11. * A highly dangerous weapon can include weapons such as knives and firearms. PDF Assault - Definitive Guideline 68 Emergency workers for the purposes of section 67 (1) In section 67, emergency worker means. If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the offending behaviour.

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