However, this would depend on the circumstances and especially the specific mental intention of the defendant at the time of their action. You will then have to appear before the Magistrates Court for your first appearance. 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. The most serious sentence that you could face for GBH under Section 20 is 5 years' custody. Contact us to discuss your options and how we can prepare the best case from the outset. who are experts in this complex area of criminal law. Criminal justice where does the Council fit? Immaturity can also result from atypical brain development. In court today charged with GBH section 20. Penalties. Aggravating factors would include previous convictions of a similar nature, if children were present when the offence was committed, and if the offence was committed whilst under the influence of alcohol. In some cases, having considered these factors, it may be appropriate to move outside the identified category range. Any life changing incidents should be charged as GBH, while mild hospital treatment suggests ABH. 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. This category only includes cookies that ensures basic functionalities and security features of the website. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. 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. If you are found guilty of committing GBH without intent, the consequences are severe. Offence committed for commercial purposes, 11. Ultimately, whether an offence meets the criteria of GBH is for the jury to assess, applying contemporary social standards. This factor may apply whether or not the offender has previous convictions. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. 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 it was committed with intent to cause GBH or wounding then the offence is more serious. (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. (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).