charges for section 18 is it always a prison sentence - can it be suspended?

[PinkyDen]

My son was working as a doorman; he was accused of setting up an assault, which his boss is accused of doing. He is charged with a section 18 assault charge, he isn’t accused of touching anyone but of helping the alleged assault take place. He is not guilty and as far as he is aware no assault took place, the victim was ejected from the bar by his boss, this is on CCTV, rough handling which could have caused injury. However he says he was asked inside and assaulted out of the view of cameras.
We have been told that if he is found guilty of this charge it is a guaranteed prison sentence. He has never been in trouble before and is of exceptional character. As he is not guilty he does not want to plead guilty to any lower charge which may be offered. If he says not guilty and a jury find him guilty will he go to prison or can there be a sentence of a suspended prison sentence given.
Thanks
from a very worried mother

[Buenchico]

Unless there are extremely exceptional circumstances (which the judge must explain in open court) judges are obliged to sentence first-time offenders, found guilty of a Section 18 offence after a trial, in accordance with the provisions of the table on page 13 of this document:
http://www.sentencing...inst-the%20person.pdf

That means that the minimum sentence would normally be one of 3 years imprisonment. (However if the court takes the view that premeditation was involved - which seems likely from your description of the prosecution's case - the normal minimum sentence would be one of 4 years). It should be noted that an early guilty plea can see a sentence cut by up to one third, and that the actual time spent 'inside' is usually only half of the sentence passed by the court.

A non-custodial sentence remains theoretically possible but the chances of such a sentence being passed for a Section 18 offence are virtually non-existent. (I've no statistics to hand but I'd be unsurprised to read that only one person in several thousand escapes prison).

Chris

[fredpuli47]

Yes, true. His best chance is to get acquitted of s18. He has to be knowingly involved, at the very least encouraging the others,in some way, to commit the offence, to be guilty of any kind of assault.

[PinkyDen]

are these sentences ever given as a suspended sentence. As he is innocent he doesn't want to plead guilty to anything. However if a lower charge is offered is it better to say you are guilty even if not to ensure he can not be given a sentence if a jury found him guilty. This is so stressful. Thanks for your answers

[fredpuli47]

No. He should never plead guilty to a lesser offence unless he is truly guilty of that.His counsel won't be offering him the chance unless counsel is satisfied, on what your son says, that that's appropriate, anyway !

[PinkyDen]

Thanks, only a 3 more weeks of sleepless nights then it will be over one way or another. I have brought him up to tell the truth so the thought of pleading guilty to something he hasn't done goes against the grain. Hope it all turns out for the best.
Responses appreciated

[Buenchico]

While the Uk courts don't officially recognise the American concept of 'plea bargaining', there is no doubt that the CPS will (in some borderline cases) consider dropping the charges to a lower level if the defendant's counsel advises them that he will enter a guilty plea. If there's to be any chance of getting the charge reduced, it's far more likely to happen before the case goes to court, rather than actually in court.

You should read Sections 45 to 67 of this document. You'll then see the differences between 'ABH ("Section 47")', 'GBH ("Section 20")' and 'GBH with intent ("Section 18")'. By comparing those definitions with the victim's injuries and the (alleged) actions of your son, you will hopefully gain a better idea of the chances of the charge being reduced.

See my original link (referring to the tables on pages 15 and 17) for sentencing in relation to 'GBH' and 'ABH'.

Suspended sentences are rarely used when the actual length of the sentence exceeds 12 months and never (to the best of my knowledge) when it exceeds 2 years. So, while a suspended sentence might be a possibility for an 'ABH' offence, it's far less likely for 'GBH' and a near impossibility for 'GBH with intent'. Further, suspended sentences are far more likely to be imposed after a 'guilty' plea than after conviction following a 'not guilty' one.

Chris

[PinkyDen]

it is definately a section 18, joint charge. I am hoping that his boss who was accused of the offence is offered a lower charge then I think my son will be clear, as he is accused of asking the guy to come in (like a trap I suppose)
Thanks again

[Buenchico]

Your most recent post wasn't there when I started typing my last one.

You've referred to "only three more weeks . .. ". How far has the case actually got? If you're referring to a first court appearance there's a long way to go yet. 'Section 18' is an 'indictable only' offence, which means that magistrates have to refer it up to the Crown Court. There will probably be several court hearings before the case gets anywhere near to the Crown Court and then, quite possibly, several more hearings (allowing for the adjournments which seem to occur far too often) before anything really happens. The whole process typically takes between 9 and 18 months.

Chris

[Buenchico]

Our posts have crossed again. It's that element of 'creating a trap' which worries me most. As you'll see by reading through my links, 'premeditation' and/or 'operating as part of a group or gang' can be regarded as serious aggravating factors when it comes to sentencing.

[fredpuli47]

A suspended sentence could not be a sentence of more than two years, under the old law (for offences committed before April 4th 2005 ) and now cannot be for more than 51 weeks in respect of any one offence. It follows that it will not be imposed for a s18 offence, unless the circumstances are quite extraordinary.It's hard to imagine such a case; for s18 is very serious ( see the guidelines cited). It may be appropriate in cases of lesser assault.

[PinkyDen]

we have been to magistrates and had the date set at crown the I think it was called plea in case managment, the actuall court date is in 3 weeks, we are that far down the line.

[PinkyDen]

I will study all the information and links provided, thanks!!

[another-view]

My cousin had a suspended sentence. They hung him!

[northernmonkey]

Without meaning to sound judgemental or harsh, if your son is 110% not guilty, then he should not under ANY circumstances plead guilty, the only thing possible is to try and convince the jury that he is not guilty and did not assault the man in question. I wish your son the best of luck with his trail, and hope a custodial sentence is not handed down. I take the risk of speaking for a couple of other people who have posted with advice & info in regards to this, we would be grateful if you could let us know what the outcome is.
Take care, and once again I wish your son the very best of luck.

[PinkyDen]

Thanks, he is 1000% not guilty. He is accused of setting a trap for someone to get assaulted, which we don't think even happened (the assault that is). The victim was man handled out of the building and could have got his injuries this way, this was related to offering to sell drugs on the premesis to the person that ejected him and is accused of the assault. I really never thought something like this could get as far as it has, niether did his solicitor or a couple of my freinds who are in the police force who know the background. I certainly will update the outcome, first week in Feb. Thanks for your kind words

[PinkyDen]

Just to let everyone know, the CPS dropped all charges against my son today, so relieved. Thanks for all your comments

[fredpuli47]

'He got a result' (as the lawyers say) . The CPS showing some sense.Glad for you (and him!)