section 20 advice please

[pawspaws]

i was charged section 20 (gbh) WITHOUT INTENT today ive been in trouble with the police before over 10years ago but not for any fighing,for (theft).

I was in my local pub lastnight i went to the toilet as i was walking into the toilet i bumped into this guy by accident i said sorry mate and carried on in the toilet he followed me back and started swearing at me and i could tell he was looking for trouble,i kept saying sorry mate he then pushed me on my chest and then again and then the 3rd time he pushed me back then i hit him in his face i split is lip and 2 of his teeth are loose, i felt threatend by this person to me it was self defence, what do you think will happen two me?? any advice would be great

[Golf38]

A S20 is a relatively serious offence which may attract a custodial sentence. However, the injuries you have outlined (split lip and two loose teeth) are without doubt with the S47 actual bodily harm charging standard and I'm very surprised you've been charged with a GBH offence.

Are there any witnesses to this incident? CCTV in the pub of him leaving the toliet and then coming back in again? Have you any bruising?

You could go not guilty on a GBH trial and take your chances - you MAY end up with a custodial or you may be advised to plead guilty ot the lesser S47 assault in which case I would suspect a community punishment.

[weekendwanda]

Advice is see a good criminal solicitor. He or she will advice you on the strength of the evidence and whether you have a defence.
Choice may be pleading to lesser offence or running S20 as a trial.
Difficulty always is that difficult to mitigate if you are found guilty after a trial. Only you know what happened from your perspective and only a solicitor can advise you having seen all the prosecution evidence and considered that alongside your own evidence.

[pawspaws]

golf38....there is no witnesses or cctv i admitted to police that i hit him because he pushed me 3 times and i felt threatened, i have a little cut above my knuckle ime guessing from his tooth, Who is to say i was'nt going to be stabbed or something ime not making any excuses for my actions what i did was wrong but sure'ly i shouldnt be going to prison protecting my self.
ive been bailed to go back to police station on september 5th as they are waiting for that blokes statement and medical reports, to be quite honest ime quite scared of the outcome

[Golf38]

Ah, now I'm confused. You say initially that you have been charged with a S20, but your last post now suggests that you are on police bail.

Reading between the lines, I think you have been arrested on suspicion of s20 assault, IF you are charged then I would suggest that it wil be a 47 abh rather than gbh.

With little corroborating evidence its your word aginst his and I suspect that this will go to a CPS lawyer for advice before any charges (if at all are laid) - you may end up with a CPS decision to discontinue and NFA the matter.

The law allows you to use reasonable force to protect yourself, even allows a pre emptive strike if you think you are in danger.

I'd certain seek advice when you return and bare in mind that most of the prosecution evidence in this incident appears to be coming from what you say on interview.

[pawspaws]

Golf38......thankyou very much for your advice sorry about the first post i just wanted to Get so much in. ime on bail until 5thsept on my bail form it says

SECTION 20-WOUND/CAUSE GRIEVOUS BODILY HARM WITHOUT INTENT.
should i see a solicitor now or wait until sept5th??
also i would like to keep you informed of the progress if thats ok.
and thankyou once again.

[Golf38]

Your bail sheet merely states what you've been arrested for not what you'll be charged with so to a certain extent don't worry about that.

As regards a brief. You could ask for the duty solicitor when you answer your bail, this is free and depending on your earnings you may be able to have this solicitor represent you at any court hearing free on legal aid.

Otherwise, you'll need to hire one privately. The advantage here that they have more time to examine your case - the downside - it'll set you back about �500.

To advise you properly your brief would need to see all the evidence and as the medical statements won't be around until 5th Sept you may as well wait until then - that would be plenty of time fo them to prepare before any court case IF you were charged wityh anything.

[pawspaws]

just an update ive been back to police and ive been charged with ABH ime due in court next friday 26th sept.

on his medical report it says he as lost 2 top teeth and had 4 stitches and bruising.

ive seen a solicitor today his advice was abit confusing he was telling me alot of stuff i didnt realy understand and told me he wants to take it to a trial as there isnt alot of evidence, (my word against the other guys)