section 20

[lou_1987]

i have been charged with section 20, going to crown court on wed , and very scard, i had glassed a girl but cutting her arm 2 cm but not intending it was reckloss, it is my first offence no previous convictions... i have a good jobm and very very sorry i have an extremely good lawyer and barrister,, what will i be looking at\\\????? been told i am looking at a very high compensation rate to pay out

[Buenchico]

The Sentencing Guidelines Council has produced a draft document regarding sentences for assault. Even though it's currently only a set of proposals, it's likely that it closely mirrors existing court practices.

The bad news (from your point of view) is that the 'starting point', when a court considers sentencing for a Section 20 offence, is always a custodial sentence. The good news is the inclusion of these two sentences in the draft document:
"Matters of personal mitigation are often highly relevant to
sentencing for this offence and may justify a non-custodial sentence, particularly in the case of a first time offender. Such a disposal might also be considered appropriate where there is a guilty plea".

You can read the full document here:
http://www.sentencing-guidelines.gov.uk/docs/A ssaultandotheroffences%20Consultationguideline FINAL-2007-06-21-JS.pdf

With a good barrister (and taking into account overcrowded prisons) you stand a reasonable chance of getting a non-custodial sentence but it would still be wise to pack a bag just in case things don't go your way. See the last two paragraphs of my multi-part post, here, for some suggestions as to what you should take with you:
http://www.theanswerbank.co.uk/Law/Question444 382.html

Chris

[lou_1987]

i have asked my lwyer if ineed to take any thing he has been int he job for like 40 years and to this day he still says it will defnot be custodial sentence,, because the defenders are doignt his all for money, so i am looking at a large sum, and maybe a possiblity of suspended prison sentence!!! but even though i ahve sent in about 50 references and wrote one myself and just done load sopf things, and all my family will be there to help, i have never beenin trouble before at all, and even though it was not intended , so you still think it will go to prison

[manutd2465]

After all the recent uprore involving drink and drug fuelled assaults by young people, and the lack of public confidence in policing/government and the criminal justice system, it wouldn't surprise me if you were sent to prison.

[Buenchico]

Solicitors and barristers usually get it right, but not every time. My son appeared before a Crown court as a first time offender (for an offence not involving violence), having been told that he'd certainly receive a non-custodial sentence. That didn't prevent the judge from passing a sentence of 18 months (which was reduced to 12 months on appeal). I agree with your legal team's opinion that you stand a good chance of avoiding prison but I still think that it would be best to be prepared.

Chris

[lou_1987]

thanoyou very much!!