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A court is required to pass a sentence that is commensurate with the seriousness of the offence. The . seriousness . of an offence is determined by two main parameters; the culpability of the offender and the harm caused or risked being caused by the offence. 1.5 . Section 143(1) Criminal Justice Act 2003 provides:
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Legal glossary. The law can be complicated and it is often described in technical terminology that many people might find unfamiliar. This glossary provides short definitions of legal terms you will find on this website. Solicitors are the experts when it comes to the law and how it affects you.
- Introduction
- Summary only Offences
- Either Way Offences
- Indictable-Only Offences
- Selecting The Most Appropriate Charge Or Charges
- Acceptability of Pleas
This guidance is intended to assist prosecutors by outlining key offences against the person and in particular, to assist with selecting the appropriate charge where there may be a choice. It is not an exhaustive account of all offences against the person but rather a guide to some key offences. In some circumstances prosecutors should also conside...
These offences carry a maximum penalty of six months’ imprisonment. The statutory time limit in section 127 Magistrates’ Court 1980will apply: proceedings must be commenced within 6 months of the date the offence was committed. Note the exception for domestic abuse battery, below.
The offences which are triable either in the magistrates’ court or Crown Court vary in their maximum penalty between 2 years’ imprisonment and 5 years.
The following offences triable only in the Crown Court carry a maximum sentence of life imprisonment.
The following approach process may assist prosecutors. First, determine the level of injury. Second, take a step back and, taking into account all the circumstances, select the appropriate charge.
Prosecutors should apply section 9 of the Code for Crown Prosecutors when deciding whether to accept pleas and also have regard to the Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise. The case strategy in an offence against the person case will consider the offer of pleas, if they are ac...
Aug 25, 2022 · The legislation goes on to provide a definition of ‘serious harm’ in section 75A(6) SCA 2015 as: grievous bodily harm (GBH) within the meaning of section 18 of the Offences Against the Person...
Jan 31, 2018 · There are three basic types of assault offence set out in law – common assault, actual bodily harm (ABH) and wounding / grievous bodily harm (GBH). They are primarily defined by the harm caused to the victim – with common assault at the lower end of harm and GBH at the upper end.
Oct 15, 2024 · Section 5 ("the section 5 offence") of the Domestic Violence, Crime and Victims Act 2004 ("the 2004 Act") provides for an offence if a child or vulnerable adult dies or suffers...
seriousness means the degree of severity of an adverse occurrence, involving harm to a SoHO donor, recipient or offspring from medically assisted reproduction, at and above which the occurrence shall be notified to a competent authority;
