Mitigating factors include if the defendant has mental health issues, if the defendant has shown remorse, and if the offence was committed in response to a significant degree of provocation. * A highly dangerous weapon can include weapons such as knives and firearms. (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. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. Do I need a solicitor for a GBH allegation? Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). The court must determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case. What Are The Sentencing Guidelines for GBH? - JD Spicer Zeb Even if youve already been represented by the duty solicitor at the police station, you can instruct the team of criminal defence solicitors at Lawtons, who are experts in this complex area of criminal law. We are available to represent accused individuals 24 hours a day to protect your rights and give you the best chance of a positive outcome. This field is for validation purposes and should be left unchanged. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. This guideline applies only to offenders aged 18 and older. 68 Emergency workers for the purposes of section 67 (1) In section 67, emergency worker means. Racial or religious aggravation formed a significant proportion of the offence as a whole. Quick Answer: What Is Gbh Charge - BikeHike iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. Section 20 assault, unlike Section 18 assault which is intentional can be heard in both the magistrates court and crown court, albeit a case will normally be dealt with in the latter. Burglary, Theft and Criminal Damage Solicitors, Serious Violence & Assault Resources & Insights, Serious Violence & Assault News & Stories. High level community order 2 years custody, Category range How are we dealing with cases in times of social distancing? Disqualification from driving general power, 10. Necessary cookies are absolutely essential for the website to function properly. In all likelihood they have committed a Section 18 offence because at the time of the incident, they intended to wound them. In addition when sentencing an offender who is pregnant relevant considerations may include: The court should ensure that it has all relevant information about dependent children before deciding on sentence.