Quizzes & Puzzles5 mins ago
What happens next?
I have just discovered a bail note for someone close to me. It says they were given unconditional bail, were arrested for S18 - wounding and breech of CO, with a date to go to court.
I'm sick to my stomach, I assume CO means court order and therefore there has been another incident somewhere down the line? I knew nothing and realise I have been living very naively - I consider myself vigilant but I honestly had no clue..
So my questions are, will there be a sentencing at this court appearance if found guilty? Or is it a long process? The person lives with me so will my house be searched if it hasn't already without my knowledge? Will I be questioned? Reading other posts I see that an S18 can bring serious repercussions in the form of 'life'.
I apologise for my rambling....I'm so shaken right now, I can't begin to describe. If anyone can please answer any of the questions I'd be very grateful.
I'm sick to my stomach, I assume CO means court order and therefore there has been another incident somewhere down the line? I knew nothing and realise I have been living very naively - I consider myself vigilant but I honestly had no clue..
So my questions are, will there be a sentencing at this court appearance if found guilty? Or is it a long process? The person lives with me so will my house be searched if it hasn't already without my knowledge? Will I be questioned? Reading other posts I see that an S18 can bring serious repercussions in the form of 'life'.
I apologise for my rambling....I'm so shaken right now, I can't begin to describe. If anyone can please answer any of the questions I'd be very grateful.
Answers
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Sec 18 assault is an indictable only offence (serious offence) which means it can only be heard / tried in Crown court. A breach of a court order is also considered serious.
If charged by the police for Sec 18 assault then the matter will first go to the magistrates court where it will be transfered to the Crown court within 7 days. The first few appearences at Crown are usually for admin purposes and your friend will be asked to enter a plea. If a guily plea is entered then the court usually sets a nearby date for sentencing. If a not guilty plea is entered then a date will be set for trial (this can be a fairly long process depending on how complex the case is and how many witnesses involved etc).
Sec 18 assault is an indictable only offence (serious offence) which means it can only be heard / tried in Crown court. A breach of a court order is also considered serious.
If charged by the police for Sec 18 assault then the matter will first go to the magistrates court where it will be transfered to the Crown court within 7 days. The first few appearences at Crown are usually for admin purposes and your friend will be asked to enter a plea. If a guily plea is entered then the court usually sets a nearby date for sentencing. If a not guilty plea is entered then a date will be set for trial (this can be a fairly long process depending on how complex the case is and how many witnesses involved etc).
pt 2
Any house search would have been conducted by now and a notice of the search sould have been left for the owner or person that has control of the property. (depending on living arrangements).
Most witnesses should have been questioned by the stage where the defendant has been charged with an offence as serious as this.
Any house search would have been conducted by now and a notice of the search sould have been left for the owner or person that has control of the property. (depending on living arrangements).
Most witnesses should have been questioned by the stage where the defendant has been charged with an offence as serious as this.
As Exdc indicates, it takes a few months to get to the sentencing point if the defendant pleads guilty. If the defendant pleads not guilty, 9 to 15 months is probably a more realistic time frame.
A 'Section 18' charge is extremely serious. It's only one step below 'attempted murder' and carries the same maximum penalty of life imprisonment. The type of injury leading to such a charge is indicated in paragraph 55 here:
http://www.cps.gov.uk...on/#Unlawful_wounding
You'll see that paragraph 55 is in the (less serious) 'Section 20' part of that document. Scroll down to paragraph 65 to see the type of reasons why a 'Section 20' charge gets raised to 'Section 18'.
The sentences below refer to a first-time offender who is convicted after a trial. An early guilty plea can see the sentence cut by one third (but previous conviction can see sentencing increased). People sentenced to less than 4 years imprisonment normally spend half of their sentence in prison. Those with longer sentences can apply to be released at the halfway point but, if refused, they'll normally be released after serving two thirds of the term handed down by the judge:
For the least serious level of 'Section 18' ("Category 3"), judges are obliged (unless there are very exceptional circumstances) to pass a sentence of between 3 and 5 years imprisonment. For "Category 2", it's 5 to 9 years. For "Category 1", it's 9 to 16 years.
Chris
A 'Section 18' charge is extremely serious. It's only one step below 'attempted murder' and carries the same maximum penalty of life imprisonment. The type of injury leading to such a charge is indicated in paragraph 55 here:
http://www.cps.gov.uk...on/#Unlawful_wounding
You'll see that paragraph 55 is in the (less serious) 'Section 20' part of that document. Scroll down to paragraph 65 to see the type of reasons why a 'Section 20' charge gets raised to 'Section 18'.
The sentences below refer to a first-time offender who is convicted after a trial. An early guilty plea can see the sentence cut by one third (but previous conviction can see sentencing increased). People sentenced to less than 4 years imprisonment normally spend half of their sentence in prison. Those with longer sentences can apply to be released at the halfway point but, if refused, they'll normally be released after serving two thirds of the term handed down by the judge:
For the least serious level of 'Section 18' ("Category 3"), judges are obliged (unless there are very exceptional circumstances) to pass a sentence of between 3 and 5 years imprisonment. For "Category 2", it's 5 to 9 years. For "Category 1", it's 9 to 16 years.
Chris
Hi Help_me
Sorry to cause you more worry. Please note that a person who has been charged (sent to court) is not officially considered to be the 'offender' until admitted / proven at court, although the evidence must be strong to be charged.
I find it unusual that your friend has been released on 'unconditional bail' for an offence of this nature
Sorry to cause you more worry. Please note that a person who has been charged (sent to court) is not officially considered to be the 'offender' until admitted / proven at court, although the evidence must be strong to be charged.
I find it unusual that your friend has been released on 'unconditional bail' for an offence of this nature