During Sentencing Can The Charge Of A Section 18 Be Dropped To A Section 20

[Jojo101]

During sentencing can the charges be dropped from a section 18 to a section 20

[ToraToraTora]

No, well I can't see how, I mean the trial was based on one thing how can sentencing be based on another? It'd be like getting sentenced for theft for speeding.

[bednobs]

there are no "charges" when it comes to sentencing, only a "conviction"

[barry1010]

TTT, more similar is being charged with murder but being found guilty of manslaughter, no? Such as what happened in the case of PC Benjamin Monk

[Jojo101]

My son pleaded guilty to GBH at the crown court before it went to trial. And is now waiting sentencing but he didn’t realise he was pleading guilty to a section 18 GBH. He had very bad communication with his Solitor and didn’t help my son through out the case. My son had autism, ADHD and learning difficulties which was explained to his Solitor who wasn’t very sympathetic to my son needs and understanding things. Yes my son committed a GBH charge but not to the extent of a section 18. He thought he was doing right by admitting to the offence but his Solitor didn’t guide him right on exactly what he was pledging guilty to. While waiting for sentencing reports had been done about his mental health and stating that my son is vulnerable. So can the judge upon sentencing drop the charge to a section 20 rather than a section 18.

[bednobs]

i still dont see how - the conviction is for GBH section 18 - how can they sentence for something else?

[ToraToraTora]

barry, he has been convicted of S18, not merely charged, thus the judge has no choice but to apply sentencing for S18.