not to sure about my barrister!?

[commandopaul]

whats the procedure with trying to do a plea bargin with the cps?
id spoke & asked my barrister about pleading guilty to sec 20 gbh to which he replyed he would ask!
im charged & now due to go on trial for a sec 18 with intent, the last time i went to court it was to make my plea & when i asked my breif about the plea bargin he replyed the prosocuter was not there? so i had to plead not guilty.
also im on trial on the 29th of this month, im not atall happy with my barrister. wer do i stand with getting another one in such a short time?
ps it was honestly self defence but lies from people seem to have sealed my fate!
thank you for your replys.

[Buenchico]

Theoretically 'plea bargaining' (in the American way) is prohibited within the English judicial system. However, as you seem to realise, a great deal of discussion often goes on between the CPS and defence counsels, in order to seek 'common ground'.

Based upon the content of your other post, I can see little prospect of getting the Section 18 charge down to Section 20. The CPS website allows you to read an internal document which advises prosecutors on which charges they should bring. While the document is not, in itself, a statement of the law, it's based upon decisions which have previously been reached by the courts. It would require exceedingly unusual circumstances for a court to overturn a legal precedent so, in effect, the document is a fairly accurate statement of the law:
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/

The section starting at paragraph 50 of that document defines GBH and cites examples of the types of injuries which can lead to such a charge. (You'll see, for example, that a fractured jaw is mentioned there).

The section starting at paragraph 59 defines the additional factors which add 'with intent' to a GBH charge. You need to read through it and ask yourself whether your actions meet the criteria given there.

There's probably little point in seeking to change your barrister at this stage. However I recommend speaking to your solicitor and telling him (or her) that you want a 'conference meeting' (at which you, your solicitor and barrister will all be present), as soon as possible, in order to consider your options.

Chris

[zipppy]

Hi,

I'm also in a similar position to you regarding a Section 18 offence. I was attacked by unknown assailants for no reason while merely walking along the road. I'm now facing a lengthy prison term.

If you honestly feel that "lies from people" are impacting on your fate, you are of course entitled to present your position of events to the Jury during your trial. They may determine that you caused 'some' harm to an individual thus warrenting a GBH Section 20 conviction, and didn't 'intend' to inflict exessive harm - it all depends on the gravity of injuries, usage of a weapon(s), whether the attack was sustained etc.

Speak plainly, honestly and confidently to the Jury. If you were acting in self-defence the Jury may empathise with your predicament and thus may convict on Section 20 (providing the Judge offers them the option).

Let us know how your case proceeds as I'm currently in a similar position (as explained above).

Good Luck!

[commandopaul]

i thank you both for your replys.
would the verdict of not guilty of sec18 but guilty of sec 20 x2
still mean a prison sentence?
once again thanks for your replys, a great help & im sure like myself your replys go some way to putting peoples minds at rest.

[zipppy]

Hi,

to be honest it's difficult to determine what length of prison sentence (if any) the Judge may impose. He will review both aggrevating and mitigating factors which have the capability to increase or decrease a potential sentence.

My guess is that GBH section 20 in a case such as this where a Section 18 offence has been the original charge, will indeed elicit a custodial sentence. In terms of length I would guess at anywhere between 10 - 24 months providing no weapons were used and/or no excessive damage (if it can be quantified) was inflicted, and providing no or little premeditation was involved.

If one or some of the above factors were present in the offence then the sentence may be higher - but I do emphasise may. You could then be facing approximately 2 - 3 years. But again to re-emphasise that each sentence is based on individual merit. And remember a GBH Section 20 Wounding cannot exceed 5 year prison sentence.

At the moment this is of course speculation. However, my solicitor has advised me to 'prepare for the worse' and personally I would advise you the same. I'm facing approximately 6 - 9 years for a Section 18 offence so don't worry I do empathise.

Your trial incidentally commences before mine so let us know how it proceeds. And once again good luck.