section 20

[susan49]

i pleaded guilty to abh and got a sentence for a section 20 what is the difference

[hussy]

a section 20 is gbh abh is not as serious
try and make the plea again with the prosecution through your solicitor, if they won"t accept the plea take it to crown court.
are you still waiting for sentence? is it at the magistrates court or crown court?

[seatrout]

I am sorry but I do not understand this question. You cannot be sentenced for a crime you have not been charged with. If you have pleaded to ABH you will be sentenced for ABH

[Bewlay Bros]

Errrrrrrrr, seatrout WRONG AGAIN. Yes you can be sentanced to an offence you have not been charged with. However, only lower offences.

i.e Assault down to public order or murder down to manslaughter.

If the CPS deem fit, you can be charged at court assuming no new evidence has come to light since questioning if the original charge is deemed too low. This rarely happens and you would have had to sign a charge sheet and been placed under caution should you wish to reply.

[seatrout]

No you can be convicted of a lesser offence in specific circumstances eg s6(3) CLA 1967, Road Traffic Act and certain public order offences.
I repeat you cannot be sentenced for a crime you have not been charged with. If this person has entered a guilty plea to s47 she cannot be sentenced for a s20

[seatrout]

Bewlay could you put your great legal mind into gear and explain to me the following
As it is the CPS who determine the level of charge and in the scenario you describe above there is no new evidence that has come to light on what basis can the CPS charge a more serious offence and would this not amount to an abuse of process?

In the scenario described by the person who posted this query given that she pleaded guilty would autrefois convict not apply?

Answers on a post card please or in your case the back of a stamp should suffice

[lindseymarie]

my botfriend was charged with sec 47 but pleaded not guilty but the procicution offered him sec 20 if he goes guilty sec 20 is a lesser charge and doesnt carry ipp