Stoat Led Grouply Smugly Finding Snipe...
Crosswords6 mins ago
Being remanded in custody for a repeat offence
5 Answers
Hi, wondering if anyone can help, my friend has been remanded in custody, so he is in prison until his court date, which is tomorrow, i dont know the whole story, but i know he hit his friend and he is now pressing charges against him, this is a repeat offence for him, he came off probabtion at the end of december for GBH, apparently the friend he hit only has a cut lip. Just wondering if anyone thinks he will be put back into prison for it, and how long ??
Answers
1 to 5 of 5
Best Answer
No best answer has yet been selected by leanne2387. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
-- answer removed --
A cut lip probably comes under "minor, but not merely superficial, cuts of a sort probably requiring medical treatment (e.g. stitches", which is part of the Crown Prosecution Service's definition of 'Actual Bodily Harm':
http://www.cps.gov.uk...he_person/#P189_14382
So it seems likely that you friend will be facing a 'Section 47' charge.
It's unusual for a court not to grant bail for an alleged ABH offence. The rule is that bail must be granted unless there is a specific reason not to do so. For some offences (e.g. murder) the serious nature of the alleged offence provides sufficient grounds for a court to refuse bail, but that wouldn't apply to an ABH charge. So the court must have had another reason to refuse bail (which must have been given, in writing, to your friend). That could include the likelihood of a further offence being committed (which seems to be an unlikely reason for refusing bail) or the possibility of interference with witnesses. Bail could also be refused if your friend had failed to answer to bail in the past.
The sentencing guidelines for ABH (which a court must adhere to unless there are very exceptional circumstances) are on page 17 of this document:
http://www.sentencing...person_accessible.pdf
The sentences on that page refer to a first-time offender, convicted after a trial. Your friend's previous conviction will push the sentencing upwards, but an early guilty plea will have the opposite effect.
My guess is that your friend will just avoid a custodial sentence. If not, the sentence will pro
http://www.cps.gov.uk...he_person/#P189_14382
So it seems likely that you friend will be facing a 'Section 47' charge.
It's unusual for a court not to grant bail for an alleged ABH offence. The rule is that bail must be granted unless there is a specific reason not to do so. For some offences (e.g. murder) the serious nature of the alleged offence provides sufficient grounds for a court to refuse bail, but that wouldn't apply to an ABH charge. So the court must have had another reason to refuse bail (which must have been given, in writing, to your friend). That could include the likelihood of a further offence being committed (which seems to be an unlikely reason for refusing bail) or the possibility of interference with witnesses. Bail could also be refused if your friend had failed to answer to bail in the past.
The sentencing guidelines for ABH (which a court must adhere to unless there are very exceptional circumstances) are on page 17 of this document:
http://www.sentencing...person_accessible.pdf
The sentences on that page refer to a first-time offender, convicted after a trial. Your friend's previous conviction will push the sentencing upwards, but an early guilty plea will have the opposite effect.
My guess is that your friend will just avoid a custodial sentence. If not, the sentence will pro
1 to 5 of 5
Related Questions
Sorry, we can't find any related questions. Try using the search bar at the top of the page to search for some keywords, or choose a topic and submit your own question.