ChatterBank1 min ago
ABH in Crown Court
I have been told somebody I know quite well may have their ABH case "committed to Crown Court" I have no idea why this could be? They are known for being violent and have a criminal record already for 2 counts of assualt and numerous arrests for domestic violence. Also what does it mean for them, sentance wise, in a Crown court as opposed to Magistrates (where previous cases have been heard) ?
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Assuming that the defendant did not exercise his right to insist upon a Crown court trial (so that his case is heard before a jury rather than by magistrates), the usual reason for a case being passed up to the Crown court is because the magistrates believe that (if the defendant is convicted) their sentencing powers may not be sufficient. (i.e. they believe that a sentence of greater than 6 months imprisonment might need to be passed).
The fact that a case is passed to a Crown court does not mean that, upon conviction, a lengthy prison sentence is inevitable. The judge will have information before him (e.g. pre-sentence reports from the Probation Service) which the magistrates weren't in possession of when they passed the case to the higher court. However a Crown court can pass a sentence, for ABH, of up to 5 years imprisonment (or up to 7 years if the assault was racially or religiously aggravated). A fine of up to �5000 can also be imposed.
Assuming that the defendant is convicted (or pleads guilty), the judge will refer to the table on page 17 of this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
However, you should note that the sentences there refer to first-time offenders convicted after a trial. (An early guilty plea would push the sentences downwards, cutting them by up to a third, but previous convictions for violence will work in the opposite direction).
Chris
The fact that a case is passed to a Crown court does not mean that, upon conviction, a lengthy prison sentence is inevitable. The judge will have information before him (e.g. pre-sentence reports from the Probation Service) which the magistrates weren't in possession of when they passed the case to the higher court. However a Crown court can pass a sentence, for ABH, of up to 5 years imprisonment (or up to 7 years if the assault was racially or religiously aggravated). A fine of up to �5000 can also be imposed.
Assuming that the defendant is convicted (or pleads guilty), the judge will refer to the table on page 17 of this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
However, you should note that the sentences there refer to first-time offenders convicted after a trial. (An early guilty plea would push the sentences downwards, cutting them by up to a third, but previous convictions for violence will work in the opposite direction).
Chris
Thank you so much for your answers it makes a bit more sense now! I am going to sound really dumb..but was is an IPP ?
I know that the 2 convictions they have are Assault(Battery) and they have been deemed a risk to their own children (when unsupervised) and also stepchildren so much so they are barred from a whole borough.
So am I right in thinking the outlook isnt too good and may well be looking at a prison sentence ?
I know that the 2 convictions they have are Assault(Battery) and they have been deemed a risk to their own children (when unsupervised) and also stepchildren so much so they are barred from a whole borough.
So am I right in thinking the outlook isnt too good and may well be looking at a prison sentence ?
An 'IPP' is a sentence of 'imprisonment for public protection'. It's basically the same as a 'life' sentence in that there is no fixed term but the judge lays down a 'tariff' which specifies the minimum period that must be served in prison before the offender can be considered for release. (The only real difference between an IPP and a life sentence is that a 'lifer' is always on licence after their release, whereas someone sentenced to an IPP can eventually come to the end of their licence period).
Anyone who is sentenced to an IPP will not be released from prison (even at the end of their tariff period) unless it is deemed safe to release them back into society. To show this, they need (among other things) to have satisfactorily completed all of the relevant courses in prison. There has been widespread concern, from prison reformers, that many of these courses simply aren't available, which means that many IPP prisoners will spend many years more in prison than they might have done if they'd been able to take the courses.
However, an IPP can only be given if the alternative would be a sentence of at least 2 years imprisonment. Further, as far as I'm aware (and based upon the information on the HM Prison Service website) it can't be given for an offence where the maximum term of imprisonment is less than 10 years. (Which rules out convictions for ABH). However, Barmaid's a barrister; I'm not!. So maybe she knows something that I don't ;-)
http://www.hmprisonservice.gov.uk/adviceandsup port/prison_life/lifesentencedprisoners/
With no specific information available about the exact nature of the (alleged?) offence, it's difficult to guess at a possible sentence but offenders appearing before the Crown court for ABH (with a previous record of violence) often seem to r
Anyone who is sentenced to an IPP will not be released from prison (even at the end of their tariff period) unless it is deemed safe to release them back into society. To show this, they need (among other things) to have satisfactorily completed all of the relevant courses in prison. There has been widespread concern, from prison reformers, that many of these courses simply aren't available, which means that many IPP prisoners will spend many years more in prison than they might have done if they'd been able to take the courses.
However, an IPP can only be given if the alternative would be a sentence of at least 2 years imprisonment. Further, as far as I'm aware (and based upon the information on the HM Prison Service website) it can't be given for an offence where the maximum term of imprisonment is less than 10 years. (Which rules out convictions for ABH). However, Barmaid's a barrister; I'm not!. So maybe she knows something that I don't ;-)
http://www.hmprisonservice.gov.uk/adviceandsup port/prison_life/lifesentencedprisoners/
With no specific information available about the exact nature of the (alleged?) offence, it's difficult to guess at a possible sentence but offenders appearing before the Crown court for ABH (with a previous record of violence) often seem to r
I could be wrong Chris. I was dredging the depths of my memory under the influence of alcohol. I thought an IPP was available for more than 2 scheduled offences. I thought that ABH was a scheduled offence but to be completely fair, I have not looked it up and my memory on violent criminal convictions is not great. I'll dig Blackstones out tomorrow and quote chapter and verse (can't be bothered to walk to the car now). In the meantime lil-me, just ignore me, I could be talking complete and utter nonsense.
The ABH charge has come about from this person biting and strangling their partner, previous convictions come from other domestic violence cases with a previous partner, so there are long running domestic violence issues.
I really appreciate everything you have written here for me and a lot of it is making complete sense now. The IPP thing sounds unlikely in this case based on what you have said but then again I'm no expert!!
I really appreciate everything you have written here for me and a lot of it is making complete sense now. The IPP thing sounds unlikely in this case based on what you have said but then again I'm no expert!!
Buenchico has given the right answer. Take a look at http://www.thelawpages.com for a good guide to what others have received for ABH.
My son is in crown court tomorrow after he hit a man in the face in a que for a night club the person tripped and fell into my son who turned around and punched him. He knocked out one of his teeth and chipped two others the man also had 12 stitches to his mouth this as all on CCTV can anyone help me to what the crown court will sentence him with. he has pleaded guilty at magistrates and now been sent to crown.
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