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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My son has been charged with gbh section 20, there are

Resolved Question:

My son has been charged with gbh section 20, there are mitigating circumstances, as in his friend had just just got knocked unconcious in the road and he was trying to make sure he was not moved. The person prosecuting ended up with stitches in the back of his head, caused by falling into the road with my son through jumping on my sons back, though his version is different. My son has no previous and in fact has had a commendation for trying to save a life. Could it be dealt with in Magistrates please, which is where the summons is for.
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello my name is ***** ***** I will help you with this.

What were the injuries please? Was it just the head?

Customer: replied 4 months ago.
he cut the back of his head, he then followed my son down the road and went to attack him again, my son held him in a headlock to stop him, this was in front of the ambulance crew who have given statements for the prosecution. There was one witness on either side for the first instance all people had been drinking
Expert:  Ash replied 4 months ago.

Usually these matters are dealt with at the Crown Court. If you look at the sentencing guidelines Magistrates at page 197 it is only where it is a category 3 that is dealt with in the Magistrates Court.
That is lower culpability and lesser harm. In reality even then it would be a High level community order to sending to the Crown Court.

You can find the guidelines here online:

http://www.sentencingcouncil.org.uk/offences/item/inflicting-grievous-bodily-harm-unlawful-wounding-raciallyreligiously-aggravated-gbhunlawful-wounding/

I dont know whether it falls into Cat 3, only you would know this.

Have a look at the guidelines and you can see which bracket it falls into.

However generally the reality is that these types of offences are usually dealt with in the Crown Court.

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 4 months ago.
How can I find out what category it is please, I know it is section 20
Expert:  Ash replied 4 months ago.

Have a look at the link:

http://www.sentencingcouncil.org.uk/offences/item/inflicting-grievous-bodily-harm-unlawful-wounding-raciallyreligiously-aggravated-gbhunlawful-wounding/

Click on next at the bottom and you can see what the criteria is for each category

Does that clarify?

Customer: replied 4 months ago.
I would say Cat 3, but I do not know if cut on head with 3 stitches would make it Cat 2. There was no intention and had the chap not watnted to move the person who had 3 head fractures it would not have happened
Expert:  Ash replied 4 months ago.

Yes its hard to say, its really down to what the Prosecution say as to the Category and then what the Court decide.

The court will hear representations from Prosecution and Defence to see where the matter should be dealt with.

Does that clarify?

Customer: replied 4 months ago.
Thank you, ***** ***** be prior to the hearing
Expert:  Ash replied 4 months ago.

No, at the hearing. Its to decide venue (Magistrates or Crown) before a plea is entered

Does that clarify?

Customer: replied 4 months ago.
Thank you, ***** ***** advise to plead guilty with no intent to reduce the sentence and hope to get it dealt with at Magistrates
Expert:  Ash replied 4 months ago.

Yes it reduces the sentence by 1/3rd

Does that clarify?

Customer: replied 4 months ago.
But if you plead guilty does that automatically mean custodial sentence, no previous and good character job etc
Expert:  Ash replied 4 months ago.

No, its not automatic. It could be a community order or if it is custody a suspended sentence

Does that clarify?

Customer: replied 4 months ago.
Thank you very much
Expert:  Ash replied 4 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Customer: replied 4 months ago.
Can he plead guilty but with mitigating circumstances, or is guilty mean guilty
Expert:  Ash replied 4 months ago.

Yes he can plead guilty with mitigating circumstances

Does that clarify?

Customer: replied 4 months ago.
Would that still then lessen by 1/3rd please
Expert:  Ash replied 4 months ago.

1/3rd yes

Can I clarify?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you very much, you have given me some hope
Expert:  Ash replied 4 months ago.

Good luck.

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
< Previous | 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