Offender was a member of, or was associated with, a group promoting hostility based on race or religion. Is section 20 GBH an indictable offence? An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. 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. (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). Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. Category range The main difference between a Section 18 and a Section 20 assault is the issue of intent. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. For further information see Imposition of community and custodial sentences. 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. Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. Consider a more onerous penalty of the same type identified for the basic offence. 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 must impose a sentence that properly meets the aims of sentencing even if it will carry the clear prospect that the offender will die in custody. 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. For example, if you say that you committed the assault in self-defence, it is usually a good idea to raise this at the first opportunity. (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). Home > Knowledge Centre > What does it mean to be charged for GBH without intent under UK law? If a PSR has been prepared it may provide valuable assistance in this regard.
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