How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

I been charged section 39 of criminal justice act 1998 whats

Customer Question

I been charged section 39 of criminal justice act 1998 what's the outcome
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

-Could you explain your situation a little more?

Customer: replied 2 years ago.
Hi Alex I have no Crimal record.have been charged for section 39 of criminal justice act 1998. What's the average outcome?
Expert:  Alice H replied 2 years ago.
Good Morning

There is no average outcome I'm afraid. The outcome in each casd depends on the facts and the offenders mitigation.

Common assault can only be tried in the Magistrates Court - there is no option to send the matter to the Crown Court for trial by Judge and Jury.

If you plead not guilty the case will be adjourned to a new date for trial. A guilty plea might result in immediate sentencing or the case would be adjourned to another date while you are seen and assessed by the Probation Service.

The range of sentences available to the Magistrates is a fine, community order (e.g. unpaid work/supervision) or, in particularly bad cases, a prison sentence to a maximum of 6 months.

Without knowing the type of assault that took place its difficult to give you a definitive answer but these are the steps the Court would take:

1. First the Court would look at the facts of the case to determine the sentencing category: Cat 3 is the lowest and would usually cover a single push or punch and lower harm and culpability , Cat 2 mid-range would be more than a single push or punch and involve a greater level of harm and Cat 1 is most serious and would usually cover offences which involve, for example, weapons or threat of weapons and more serious injury.

2. Once the court has determined the category it will look at the sentencing range which is as follows:

Category 1: Discharge/Fine to Medium level community order (e.g. 50 - 80 hours unpaid work)

Category 2: Fine to High level community order (e.g. 80 - 150 hours unpaid work)

Cat 3: High level community order to 6 months in prison.

3. The Court would then look at aggravating and mitigating factors to decide where in the sentencing range the case falls.

If you decide to plead guilty at the first hearing you would be entitled to a 30% reduction on your sentence. So in the worse case scenario if you were looking at a six month prison sentence, the Court would reduce this to four months. Or if you were looking at a 300 hour unpaid work requirement this wouLd be reduced to 200 hours.

So, the more serious a case is the more severe the penalty. A minor incident for a first time offender is unlikely to attract anything more than a fine or at worse a community order.

I hope this assists.

Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions