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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son has been charged with gbh section 20, there are

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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.

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

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

Customer: replied 1 year 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

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:

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 1 year ago.
How can I find out what category it is please, I know it is section 20

Have a look at the link:

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

Does that clarify?

Customer: replied 1 year 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

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 1 year ago.
Thank you, ***** ***** be prior to the hearing

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

Does that clarify?

Customer: replied 1 year ago.
Thank you, ***** ***** advise to plead guilty with no intent to reduce the sentence and hope to get it dealt with at Magistrates

Yes it reduces the sentence by 1/3rd

Does that clarify?

Customer: replied 1 year ago.
But if you plead guilty does that automatically mean custodial sentence, no previous and good character job etc

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

Does that clarify?

Customer: replied 1 year ago.
Thank you very much

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 1 year ago.
Can he plead guilty but with mitigating circumstances, or is guilty mean guilty

Yes he can plead guilty with mitigating circumstances

Does that clarify?

Customer: replied 1 year ago.
Would that still then lessen by 1/3rd please

1/3rd yes

Can I clarify?

Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much, you have given me some hope

Good luck.