ABH conviction

[Andy008]

If somebody is convicted of ABH, what is the likelihood of them not going to prison?

[JudgeJ]

Assault occasioning actual bodily harm is an offence contrary to the Offences against the Person Act of 1861. It is triable either way (that is it can be dealt with either at the Magistrate�s Court or in the Crown Court by judge and jury). Magistrates� guidelines suggest that they should retain jurisdiction unless the offence contains one or more of the following aggravating features:

The use of a weapon (whether injury is caused by that weapon or not).
Kicking or head butting
Serious violence caused to people undertaking public duties
Violence to vulnerable people (e.g. aged or infirm)
Clear racial motives

If the Magistrates retain jurisdiction (which can only be done with the defendant�s agreement) their sentencing powers are limited to six month�s imprisonment. Their guidelines suggest that they should consider custody for this offence as their starting point. This means that they would need to be convinced that there are sound mitigating circumstances to reduce the sentence to a Community Penalty. If, after hearing the case, they decide their powers of punishment are not sufficient they can send the defendant to the Crown Court for sentencing.

Obviously the final outcome depends upon details of the actual offence. However, "either-way" offences involving violence are serious offences for which custody is often (but not always) awarded. I would therefore say that there is a good chance that the offender will be sent to prison.