I Am On Bail Expecting To Be Charged With Abh What Will Be The Most Likely Outcome?

[cass]

I am currently on bail for an incident that happened a couple of weeks ago. I was extremely drunk and got into an argument with a girl. I somehow ended up hitting the girl, none of this I can remember. It wasn't until a few hours after I got home that the police came to my house and arrested me. I had no idea what for at the time.

I have been positively identified and just went back for bail on Sunday. They have bailed me for another week so that they can get another statement. On my second interview they showed me a picture of the girls injuries which are minimal, a small cut about 3mm wide and there was a bit of bruising the next day or so. My solicitor told me that they might not charge me with common assault due to me not remembering anything, so she said the likely charge will be ABH.

My only previous record was a couple years ago for intent to supply. I was 17 and was given a 9 month youth offending course. I am curious as to what my likely sentence will be if I am charged with ABH?

Thanks

[Buenchico]

See pages 201 to 204:
http://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_October_2014.pdf

[New Judge]

And further to that, the choice of charge has nothing to do with your ability to remember. It rests of the seriousness of the injuries.

[Hazel0302]

Further to both of these answers, if you committed the offence on or after 2nd Feb 2015, you come under the new Offender Rehabilitation Act so there are likely to be new sentencing guidelines issued to magistrates. Essentially, if you get a Community Order or a Suspended Sentence, there isn't a Supervision requirement available any more, which would be delivered by the Probation Service. You would now get a Rehabilitation Activity Requirement which is much more tailored to you and what your needs are. I imagine that understanding and dealing with your alcohol use and how it affects your behaviour would form part of this! This is also delivered by the Probation Service who will direct you to other agencies for the help you need.

[New Judge]

Quite true, hazel. I don’t know whether cass will be interested in this detail but in case he is your comments need some clarification.

No new sentencing guidelines are planned to accommodate this change as none are necessary. Sentencing guidelines do not specify what type of community order should be imposed. They only suggest the severity of the order (“Low”, “Medium” or “High”). It is a decision for the Bench (guided by the Probation Service) what form the Community Order takes (be it supervision – now RAR – or unpaid work or whatever).

It is also important to note that the Rehabilitation Activity Requirement replaces only what was the “supervision” option. Other requirements such an unpaid work, attendance centre, drug or alcohol treatment requirements, curfew, mental health treatment, exclusion, residence or prohibited activity requirements are unaffected by this change and may be imposed in addition to any RAR.