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Criminal Defence Blog

What Is Assault?

WHAT IS ASSAULT?

 

Most people would say that Assault is the physical act of causing injury to someone, but what a lot of people don’t realise is that “assault” can cover a range of actions from a raised fist to the calculated wounding or attempted murder of another person.

 

What’s more, physical contact is not always required to support an allegation of assault.  If you shout threats at someone, or take an action that leads them to believe that violence is imminent, then the offence of assault has been committed.  So, in the absence of a physical act of violence it is the state of mind of the victim that is relevant in these cases.

 

It is also important to know that silence itself can be assault e.g making silent phone calls to a person might cause that person to be afraid that they may come to immediate harm and therefore is classed as assault.

 

The most common charges under the Offences Against the Person Act are:

 

Section 39 Common Assault:  A charge of Common Assault requires no physical contact at all so can be a raised fist, a shouted threat or even a text message threatening violence.  Providing the victim believes the threat to be true and apprehends imminent violence then the charge would be proven in court.

 

Section 39 Common Assault by Beating:  The word “beating” or “battery” gives the misleading impression that serious violence must be present to prove the charge however in fact only a very small degree of physical contact is required.  A slap or punch, kick or any other violent act which did not result in the skin being broken, or did not require any hospital treatment or had no long term effects on the victim would probably be dealt with under Section 39.  Section 39 offences are always dealt with in the Magistrates Court and the maximum sentence is 6 months custody.

 

Section 47 Actual Bodily Harm (ABH):  These kind of offences are where there is hurt caused to the victim that is considered “transient and trifling”; this means that the hurt doesn’t have to be long lasting but can be anything that interferes with the health or comfort of the victim.  So, for example, an injury that results in hospital treatment or requires stitches but is not a permanent injury would likely be dealt with as ABH.  Injury can also be mental or shock. Section 47 offences can be dealt with by either Magistrates or Crown Court and the maximum sentence in these cases is 5 years in custody.

 

Section 20 Wounding Grievous Bodily Harm (GBH):  A charge of GBH might come from a case of vicious beating where the victim requires a lengthy hospital stay with treatment, broken bones, loss of sensory functions (e.g. blindness) or permanent disfigurement or disability.  It is used where there is serious and long lasting injury.  Wounding must include an injury that breaks the skin, e.g. knife wound. These offences can be tried in the Magistrates or Crown Court and the maximum sentence is 7 years custody.

 

Section 18 Wounding or GBH with Intent:  These are very serious cases where intent has to be proven, e.g. using or adapting a weapon (e.g. breaking a bottle to use to slash someone), a repeated or planned attack, prior threats or causing injury to someone’s head, e.g. by kicking them.  These matters are only tried in the Crown Court due to their seriousness if found Guilty can result in life imprisonment.

 

Where any of the above offences include aggravating factors, e.g. racial or religious, or use of a weapon, then the charges are more serious and the sentences can be much harsher.

 

If you are being charged with, or investigated for, any assault charge, get the experts on your side now by calling our specialist team for a free initial telephone consultation on 01623 600645.

 

 

 

Possession of a Knife or Offensive Weapon

Possession of a Knife or Offensive Weapon

 

Possession of a knife or offensive weapon is a serious offence.  The Criminal Justice System dealt with almost 4,000 of these cases in the fourth quarter of 2014 (from October to December).

 

While the incidences of this offence peaked in 2008 at over 7,000 cases, the reduction in the incidences now appears to have leveled off, and the figures for the October to December period have tended to be lower than the previous months.

 

These crimes are mainly committed by adults (81%) and in just under a third of cases, an immediate custodial sentence was imposed, with one in five cases resulting in a suspended sentence.

 

Worrying statistics for defendants are the facts that the number of offenders given cautions is reducing over time, and juvenile offenders are now more likely to receive an immediate custodial sentence, with 1 in every 10 now being sent to prison for possession of a knife or offensive weapon offences.

 

Defendants convicted of offences that involve the possession of an item that has a blade or point are more likely to be given an immediate custodial sentence than those convicted of offences involving other offensive weapons, with the average custodial offence being for 224 days.

 

The length of custodial sentences imposed is increasing over time, with the average custodial sentence in October-December 2007 standing at 71% shorter, at 131 days.

 

Unsurprisingly, defendants convicted who have previous convictions or cautions for possession offences are dealt with more harshly by the courts and are more likely to receive custodial sentences.  For defendants with at least one previous possession offence on their record, 45% were sentenced to immediate custody in the 12 months to December 2014.

 

The relatively new offence of aggravated knife possession came into force on 3 December 2012, and in the 12 months to December 2014, there had been a total of 426 incidences of this, with 330 incidences by adults and 96 by juveniles.  For offenders aged 16 or over, 60% received immediate custodial sentences.

 

In total, as at 26 December 2014, there were 404 people serving custodial sentences for possession of an offensive weapon.

 

These statistics highlight how important it is that you receive expert legal advice if you are charged with possession of a knife or offensive weapon.  Call our dedicated team now on 01623 397200 and get the experts on your side.

What Is A Sexual Harm Prevention Order?

What Is A Sexual Harm Prevention Order?

 

Sexual Harm Prevention Orders (SHPOs) replaced the sexual offences prevention order. They are a measure available to the court to use to protect the general public or specific members of the public against serious sexual harm.

 

The court can only impose such an order if they are satisfied that the order is necessary and that the order is made specifically to protect a person or sector or the public.

 

A Sexual Harm Prevention Order can be made by the magistrates court or Crown Court at the point of sentencing for a sexual or violent crime, or following a complaint made about a person previously convicted of a sexual offence where their behavior suggests that they may re-offend.

 

A full risk assessment of the defendant must be carried out before an Order is made, and once made, an Order will most likely be in force for several years together with separate requirements including a disqualification from working with children. The imposing of an Order will make the defendant subject to the sex offenders register, even if they were not previously on the register.

 

Breaching a Sexual Harm Prevention Order is a separate penalty and carries a sentence of up to five years imprisonment.

 

Draft proposals for these Orders should be prepared and submitted by the prosecution in advance of the SHPO hearing, something that often does not happen and requires assertive advocacy to remedy.

 

A Sexual Harm Prevention Order may prohibit a defendant from doing anything set out in the order, but these requirements should only be made due to necessity and for public protection.

 

There are restrictions on the prohibitions that an Order can impose, with disproportionate prohibitions such as not allowing the defendant to own a computer being unjustifiable.

 

If you need any assistance with a Sexual Harm Prevention Order, call our expert team on01623 397200.