What Is The Likelihood Of My Friend Receiving A Custodial Sentence/going To A Mental Hospital For Malicious/unlawful Wounding Section 20?

[dylanderson95]

I asked this same question the other day but I was wanting more opinions on this. Thank you to those who answered, if you see this.

Anyway, this case is being handled by the Crown Court (England).

My friend recieved a witness report packet for the case a few months ago, explaining how I know exactly what the people involved did and felt during this event

First off, my friend has a long history of mental illness. He is very depressed/suicidal and was properly diagnosed with Antisocial Personality Disorder last year and is currently on an antidepressant and an antipsychotic. He had not properly been diagnosed with his mental condition at the time of the following event so he was not on medication. He is currently being treated by a mental health outpatient service and has seen a psychiatrist that is writing a report on his mental status to be presented at trial.

In the summer of 2014, my friend commited 2 criminal damage charges and 5 assault/battery charges (he got into a disagreement with his mother and showed up to her house, damaged her fence, broke her window, entered the home and hit 3 different people in the home at the time). He was set to attend the Magistrates Court for the charges.

My friend was very afraid, prior to this hearing, that he would receive a custodial sentence and, with his mental condition at this time, decided he would rather die than go to prison. He removed a Stanley craft blade from the actual knife and hid it in a Rizla rolling papers packet in order for it to hopefully go unnoticed by security at the Magistrates Court. His intention was, if the judge gave him a custodial sentence, to slash his throat while in the dock. He had absolutely no intention whatsoever of injuring anyone else in the room other than himself.

In the days leading up to the hearing, my friend's mother became aware that he was making suicidal comments about going to prison so on the day of the hearing, she called the Magistrates Court he was to attend and warned them that my friend had mental issues and had been making concerning comments relating to court and thought he might try to pull something that day. She was ignored.

My friend successfully passed through security with the crafting blade unnoticed in his pocket, entered the courtroom as normal and the hearing began. My friend says, whilst in the dock, there were 2 guards on either side of him. He said he was only aware of these 2 people near him for the entire hearing, no one else.

The judge heard the case. My friend's defense asked the judge to adjourn the hearing as to allow for my friend to receive a proper mental evaluation to be presented in court. The judge said he didn't "see why it was necessary." The judge, behind the scenes, upon deliberation, decided my friend was to receive a custodial sentence of 16 weeks.

Before entering back into the courtroom, the judge notified the 2 guards present that my friend was to be sent to prison and wanted, along with them , for there to be 2 other guards behind my friend and to be sure that my friend did not notice them there. His reasoning for this, which he made clear to the guards, was that he was aware my friend had a violent past with mental issues and wanted extra security to ensure safety in the courtroom.

The judge re-entered the courtroom and the extra 2 guards entered unnoticed to my friend behind him. The judge passed my friend's custodial sentence of 16 weeks. The next events happen within about 3 minutes. The guards, at this point, noticed that my friend had gone very pale upon hearing he was to go to prison and had an eerily calm expression come over his face. The guards, looking between each other before attempting to cuff him, felt that something was going to happen.

Before the guards could get a hold of my friend, he quickly removed the Stanley crafting blade from his pocket, closed his eyes and began to repeatedly slash at his neck. My friend said, at this point, he was trying to position hims

[dylanderson95]

elf in a way to deflect the 2 guards next to him from preventing him from slashing himself. My friend said when he began slashing that he felt like he went into some form of shock and couldn't feel anything, he felt numb.

One of the 2 guards behind my friend, yelled, "He's got a blade!" My friend does not recall hearing this as his was very intent on what he was doing. While my friend was still in the process of slashing himself, the guard behind him sprang forward and placed his hand around his neck. My friend said he did not realize there was a hand around his neck at this time as he felt numb and his eyes were closed. My friend went to slash himself again but the guard's hand was in the way and he ended up slashing his hand instead.

The guard made it known to the others that he had been cut at this point and they got my friend to the ground. My friend said he didn't know anyone else has been cut until he was on the ground and the guards were yelling for someone to get some towels as my friend and the injured guard were bleeding. My friend, before the paramedics arrived, by the guards' accounts, said to tell the injured guard that he was sorry and didn't mean to do it, he had only wanted to hurt himself.

The injuries my friend sustained required surgery and staples in his neck as the wounds were very deep. The guard's injuries included a deep wound on his thumb and across another finger but the thumb was the most serious. The guard was treated at the hospital for the cuts but I believe about a week later, the tendon in the guard's hand snapped/broke which required surgery. He had several months off work but has been able to return. He says he has lost a lot of feeling in the injured thumb.

Half the witnesses in the incident said they don't believe my friend cut the guard on purpose and the other half said they believe he did (there were 4 witnesses that gave input).

My friend served his prison time and upon being released, he was arrested and charged with Section 20 GBH. He attended the Magistrates Court for it where it was sent to the Crown Court. He has pleaded not guilty. His trial is next month (February).

The main issue in the case has been stated as whether or not my friend is at fault out of recklessness or if it was just an accident. My friend has been to a plea hearing and a preliminary hearing at the Crown Court for his charge and both judges both times, along with 2 barristers, said they don't think it likely that he will be found guilty.

As it my friend has mental issues and it was unforseeable to him that the guard he didn't even know was there would put his hand around his neck while he was cutting, do you think it likely he will be go to prison? Or a mental hospital (I personally don't see why they would give him unconditional bail this year and a half that has passed if they thought he was dangerous to the public and he's been being treated for mental issues so I can't see them putting him into a mental hospital). What do you think? Thank you very much in advance.

[EDDIE51]

There is nothing you can do other than what has already been done.
As I told you last time , it will be the psychiatrist's report which is the crucial factor in deciding the sentence. You can only hope that he gets the treatment he obviously needs. Unfortunately the budget for mental health support has been drastically cut, and it may well be financial constraints rather than clinical need that decide the sentence.

[woofgang]

why do you want more opinions? Have you not had one that you like yet?

[TWR]

Going off what you have stated, I had worked in a Mental hospital with persos that had been referred by the Courts for behaviour near the same, If your friend in my opinion was known to have mental / physical Issues & been unpredictable, he should have been Cuffed for his & the safety of others, we had a Service user that could strike out with the lest little thing Eg/ Someone looking at him, I would think with his Issues he will be sent to a Mental Hospital.

[dylanderson95]

Thanks, TWR. Do you know if the court "sentence" you to a mental hospital for a set amount of time, just like a prison? Is there a usual amount of time spent in a hospital or does it just depend?

[ummmm]

You will only get out of a psychiatric hospital when a psychiatrist agrees.

[dylanderson95]

Thank you.

[TWR]

With Specialist reports on the Person, Prison is not the correct place to place the Person, he need to be in a secure environment for his safety & members of the public, he will receive the Specialist care & be on "Watch" for his own Saftey, Eg/ there will be no Items within his room that can harm him such as Plant Pots, C/Ds anything he can break to make a self harm weapon, with time, Patience, Medication, & the trust in the person's caring for him, time will tell, I hope him well.

[EDDIE51]

As said if he gets sent to a mental hospital there is no sentence time. He will only get out when he is deemed fit to leave. That could be a in few months, years or even possibly the rest of his life. From that viewpoint prison has a set time limit according to the sentence so at least you know when he will be free. One point often overlooked,if he is 'sectioned 'under the mental health act , when / if he does get out his local authority has a duty to provide secure safe accommodation for the rest of his life. This only applies if he is actually sectioned. For this reason 'sectioning 'is rarely used due to the long term costs .

[dylanderson95]

Thank you very much for your answers.