The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
STOP PRESS: The Sentencing Council has published offence specific guidelines for courts sentencing offences previously covered by a Definitive Guideline. The offence specific guidelines have been published online (and not in PDF or paper format) for both the magistrates’ courts and Crown Courts. They supersede and replace the PDF versions of the applicable Definitive Guidelines, which has been archived. The Sentencing Council has also published a new overarching guideline, which should be considered in respect of all sentencing exercises: the General guideline—overarching principles (the General guideline). This specifically designed tobe used in conjunction with offence specific guidelines and covers seriousness as well as providing expanded explanations for aggravating and mitigating factors, culpability and harm, see Practice Note: Sentencing Council General Guideline—Overarching Principles. This Practice Note is being updated in light of these developments. General guideline—overarching principles (Crown Court)General guideline—overarching principles (magistrates’ court)Crown Court Sentencing GuidelinesMagistrates’ Court Sentencing Guidelines
The offence of unlawful wounding or inflicting grievous bodily harm (GBH) can be tried in either the magistrates' court or the Crown Court. The magistrates' court will decline jurisdiction in those cases where it considers its powers of sentencing are insufficient.
Practitioners should consult the Sentencing Guidelines for inflicting GBH/unlawful wounding todetermine whether the court is likely toaccept or decline jurisdiction. See: Sentencing Council's Assault Definitive Guideline below.Online Magistrates' Court Sentencing Guidelines
Under the Offences Against the Person Act 1861 (OATPA 1861), the prosecution must prove the accused:Offences Against the Person Act 1861,
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