Having determined the category, the court should use the corresponding starting points to reach a sentence within the category range below. 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. 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. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. (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. Forfeiture and destruction of weapons orders, 18. This guideline applies only to offenders aged 18 and older. 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. A conviction of wounding or GBH under S. 20 represents the lesser offence which carries a maximum penalty of 5 years imprisonment. s20 gbh sentencing guidelines Destruction orders and contingent destruction orders for dogs, 9. 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. 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. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. * 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. 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. 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. Kang & Co Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA No. When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements. The guidelines will come into effect on 1 July 2021. 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. Sentencers must consider all available disposals at the time of sentence; even where the threshold for a community sentence has been passed, a fine or discharge may be an appropriate penalty. Medium level community order 1 years custody. Where the offender is dealt with separately for a breach of a licence or order regard should be had to totality. In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offenders release. This guideline applies only to offenders aged 18 and older. border-color:#ffffff; Section 20 Maximum: 5 years' custody Offence range: Community order - 4 years 6 months' custody Section 29 Maximum: 7 years' custody 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. 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. i) The guidance regarding pre-sentence reports applies if suspending custody. Very knowledgeable about the subject to hand and extremely confident with the advice given to me at the time of a stressful situation. The extent to which the offender has complied with the conditions of an order (including the time that has elapsed since its commencement) will be a relevant consideration. 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. Approach to the assessment of fines - introduction, 6. Intoxication precludes crimes of specific intent; if you were drunk, you can only get s20 GBH/Wounding. There is a greater capacity for change in immature offenders and they may be receptive to opportunities to address their offending behaviour and change their conduct. Where the offender is dealt with separately for a breach of an order regard should be had to totality. They may also look at decisions made by the Court of. Where custody is unavoidable consideration of the impact on dependants may be relevant to the length of the sentence imposed and whether the sentence can be suspended. The new ABH guideline and s20 GBH guideline include a lesser culpability factor of " impulsive/spontaneous and short-lived assault ." The Council originally proposed the removal of " lack of. (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. Racial or religious aggravation statutory provisions, 2. Where offending is driven by or closely associated with drug or alcohol abuse (for example stealing to feed a habit, or committing acts of disorder or violence whilst drunk) a commitment to address the underlying issue may justify a reduction in sentence. 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. (iii) hostility towards persons who have a disability or a particular disability, (iv) hostility towards persons who are of a particular sexual orientation, or (as the case may be). 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). Immaturity can also result from atypical brain development. (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. iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. (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. Kang & Co Solicitors is the trading name of Kang & Co Solicitors Limited, a limited company registered in England & Wales. 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. Menu. the fact that someone is working in the public interest merits the additional protection of the courts. This is subject to subsection (3). 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. See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3). 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. When classified as being committed with intent, the crime can even carry as much as 16 years imprisonment. Consider a more onerous penalty of the same type identified for the basic offence. (iv) section 47 (assault occasioning actual bodily harm); (c) an inchoate offence in relation to any of the preceding offences. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Category range Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. .nf-form-content .nf-field-container #nf-field-88-wrap .nf-field-element .ninja-forms-field:hover { The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the offence. border-color:#000000; color:#0080aa; Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. } What is the difference between a Section 18 and a Section 20 assault? background-color:#ffffff; The level of culpability is determined by weighing all the factors of the case. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. (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). 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. Maximum sentence for the aggravated offence on indictment is 7 years custody (maximum when tried summarily is 6 months custody), Care should be taken to avoid double counting factors already taken into account in assessing the level of harm at step one. Increase the length of custodial sentence if already considered for the basic offence or consider a custodial sentence, if not already considered for the basic offence. Criminal justice where does the Council fit? } 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. 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. Section 59(1) of the Sentencing Code provides that: unless the court is satisfied that it would be contrary to the interests of justice to do so.. Disqualification until a test is passed, 6. It may also include ad hoc situations such as a late-night taxi driver and a lone passenger. Having determined the category, the court should use the corresponding starting points to reach a sentence within the category range below. #nf-form-12-cont .nf-row:nth-child(odd) { Grievous Bodily Harm, or GBH, can be defined as the purposeful causing of serious injury to another person. Where an offender has been given an inappropriate level of responsibility, abuse of trust is unlikely to apply. The decision as to the appropriate range of community order should be based upon the seriousness of the new offence(s) (which will take into account any previous convictions). (a) the appropriate custodial term (see section 268), and. Offences committed in custody are more serious because they undermine the fundamental need for control and order which is necessary for the running of prisons and maintaining safety. } width:250px; But, an offenders knowledge that he will likely face the prospect of death in prison, subject only to the ERCG provisions, is a factor that can be considered by the sentencing judge when determining the sentence that it would be just to impose. (4) For the purposes of subsection (2) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker. (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). 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. See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). History of violence or abuse towards victim by offender. The starting point applies to all offenders irrespective of plea or previous convictions. 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.