Our Agreed Fees for Motoring Offence cases start from; Our Agreed Fees for Private Crime cases start from; An Excellent Service, Mr. Kang is a highly sought solicitor. (i) the victims membership (or presumed membership) of a racial group. the effect of the sentence on the offender. (ii) hostility towards members of a religious group based on their membership of that group. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. (6) Nothing in this section prevents a court from treating the fact that an offence was committed against an emergency worker acting in the exercise of functions as such as an aggravating factor in relation to offences not listed in subsection (3). 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. Violent Offences. The presence of one or more children may in some situations make the primary victim more vulnerable for example an adult may be less able to resist the offender if concerned about the safety or welfare of children present. History of significant violence or abuse towards the offender by the victim, the offenders responsibility for the offence and. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). Barrister clearly explained possible outcomes and most realistic outcome. 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. (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. Aggravated nature of the offence caused serious fear and distress throughout local community or more widely. Where an offender has been given an inappropriate level of responsibility, abuse of trust is unlikely to apply. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. 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. border-color:#000000; The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. In all cases, the court should consider whether to make compensation and/or other ancillary orders. 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. 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. This S20 wounding (GBH) offence is committed when a person unlawfully or maliciously, either: wounds another person; or inflicts grievous bodily harm upon another person. See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3). color:#0080aa; 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). Secondly, the mental intention required for ABH is the intention to assault, or recklessness to assault. 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. Reduced period of disqualification for completion of rehabilitation course, 7. width:250px; Extension period of disqualification from driving where a custodial sentence is also imposed, 2. Note in particular paragraph 5 for Black, Asian and Minority Ethnic offenders. EDDIE51. }, The PinnacleMidsummer BoulevardMilton Keynes, MK9 1BP. Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be kept in penal servitude. 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. 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. Where any such actions are the subject of separate charges, this should be taken into account when assessing totality. 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. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. The magistrates' court will decline jurisdiction in those cases where it considers its powers of sentencing are insufficient. color:#0080aa; The six guidelines published today by the Council are: Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. evaluate the consequences of their actions, any effect of the sentence on the health of the offender and, any effect of the sentence on the unborn child. Navigation Menu. In all cases, the court should consider whether to make compensation and/or other ancillary orders. 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. The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the offence. Disqualification in the offenders absence, 9. 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. 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. The court will consider your culpability (blameworthiness) and the harm caused to the victim when deciding on the length of your sentence. Section 64 of the Sentencing Code states: In considering the seriousness of any offence committed while the offender was on bail, the court must - (a) treat the fact that it was committed in those circumstances as an aggravating factor and (b) state in open court that the offence is so aggravated. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. 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. Offences for which penalty notices are available, 5. 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. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. Grievous Bodily Harm, or GBH, can be defined as the purposeful causing of serious injury to another person. 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. (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). If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. This factor may apply whether or not the offender has previous convictions. 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. Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. Offences for which penalty notices are available, 5. border-color:#ffffff; 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. In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary, More intensive sentences which combine two or more requirements may be appropriate. 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. 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. User guide for this offence Details of the revisions made to the guidelines and the Councils reasons for making them, are set out in the consultation response document also being published today. In some cases, having considered these factors, it may be appropriate to move outside the identified category range. 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. Sentencing for all three offences sees a significant change under the new guidelines. The imposition of a custodial sentence is both punishment and a deterrent. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. Reduced period of disqualification for completion of rehabilitation course, 7. Previous convictions are likely to be relevant when they share characteristics with the current offence (examples of such characteristics include, but are not limited to: dishonesty, violence, abuse of position or trust, use or possession of weapons, disobedience of court orders). If a PSR has been prepared it may provide valuable assistance in this regard. background-color:#0080aa; * 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. 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. 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. border-style:solid; Category range 3 years 4 years 6 months custody, Category range High level community order 2 years custody, Category range Medium level community order 1 years custody. (e) hostility related to transgender identity. 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). When considering a custodial or community sentence for a young adult the Probation Service should address these issues in a PSR. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. High level community order 2 years custody, Category range The Sentencing Council is only collecting data for adult offenders. Refer to the Overarching Principles: Domestic Abuse Definitive Guideline. 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. The Sentencing Council has published revised sentencing guidelines for assault offences, including common assault and attempted murder, and new guidance for assault on emergency workers to reflect changes in legislation. Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. The remaining jurisdictions, the so-called common law jurisdictions, are a mixture of common law offences and statutory provisions that create new offences, clarify definitions, and deal with sentencing and procedural matters.12 The history of the twentieth century in Australia was marked by the advent and steady expansion of federal criminal law. Many young people who offend either stop committing crime, or begin a process of stopping, in their late teens and early twenties. 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. Criminal justice where does the Council fit? The level of culpability is determined by weighing all the factors of the case. Care should be taken to avoid double counting matters taken into account when considering previous convictions. 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. 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). When assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. 3) What is the shortest term commensurate with the seriousness of the offence? Section 1 of the Queensland Criminal Code defines GBH as: the loss of a distinct part or an organ of the body; or serious disfigurement; or any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health. border-style:solid; Simplified Standard Witness Table (revised March 2018). 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. 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. 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. 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 . evaluate the consequences of their actions, any effect of the sentence on the health of the offender and, any effect of the sentence on the unborn child. A terminal prognosis is not in itself a reason to reduce the sentence even further. Identifying weaknesses within the prosecution case; Establishing whether the prosecution can place our client at the scene during the alleged offence, Determining whether the injuries amount to serious harm, Determining whether the prosecution can prove that the accused had the intent to cause a wound or apply some harm, Evaluating the strength of the prosecution evidence, Assessing the credibility of prosecution witnesses. (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. For these reasons first offenders receive a mitigated sentence. What do the various charges mean? 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. background-color:#ffffff; Criminal justice where does the Council fit? In order to determine the category the court should assess culpability and harm. It may be helpful to indicate to the Probation Service the courts preliminary opinion as to which of the three sentencing ranges is relevant and the purpose(s) of sentencing that the package of requirements is expected to fulfil. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. (5) In this section, emergency worker has the meaning given by section 68. color:#ffffff; 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. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. 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. 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 was committed against person providing a public service, performing a public duty or providing services to the public, Offence committed against those working in the public sector or providing a service to the public or against a person coming to the assistance of an emergency worker, Offence committed in prison (where not taken into account as a statutory aggravating factor), 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 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 should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. Immaturity can also result from atypical brain development. Remorse can present itself in many different ways. (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. #nf-form-12-cont .nf-row:nth-child(odd) { In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. In British law, a conspiracy is any plot, plan or agreement that is assumed, implied or expressed. This guideline applies only to offenders aged 18 and older. (6) In this section. Psychiatric injury can also constitute a GBH charge. Our criteria for developing or revising guidelines. 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. } Above all I got the outcome I desired based upon Mr. Kang expertise.. .nf-form-content .nf-field-container #nf-field-85-wrap .nf-field-label label { 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, Racially or religiously aggravated grievous bodily harm, 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, Chapter 6 of Part 10 of the Sentencing Code, Ancillary orders Crown Court Compendium, 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. 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. must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, Significant degree of planning or premeditation, Victim obviously vulnerable due to age, personal characteristics or circumstances, Use of a highly dangerous weapon or weapon equivalent*, Use of a weapon or weapon equivalent which does not fall within category A. 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. The court will be assisted by a PSR in making this assessment. 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. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm.