anybody know what sentence a person can receive for section 4 assault, this being a second offence.
2007-01-22 22:09:49 · 9 answers · asked by leos3rdleg 1 in Politics & Government ➔ Law Enforcement & Police
ABH cases can be heard in magistrates' court or crown court. A case will be passed up to crown court by magistrates if they take the view that it is too serious for them to deal with.
I imagine that a community penalty will be the starting point for considering sentence in your case, although without further details, including details about the other offence, it is hard to say.
In magistrates' court the offence carries a maximum six months in prison, and at crown court a maximum of five years.
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2007-01-22 22:49:03 · answer #1 · answered by Doethineb 7 · 0⤊ 0⤋
I think you might mean a section 47 assault occassioning actual bodily harm.
If your case is to be heard in Magistrates you can only receive a maximum prison term of 6 months. If the offence is classed as an hate crime involving for instance homophobic/racial etc overtones...then it may be committed for sentencing at Crown Court where custodial sentences are longer and could mean you lose your liberty for a good while longer.
If this is your 2nd offence of this nature, maybe you should be thinking about the victims and less about what might happen to you!
2007-01-23 08:51:29 · answer #2 · answered by lippz 4 · 0⤊ 0⤋
2nd offence? Oops. If I was a betting man, I'd say that you'll get 3 to 6 months inside if the magistrates deal with it, but because you've done it before, chances are that the Magistrates will pass it up the chain to Crown Court - up to 5 years I think for that.
Either way mate, it's going to be hard - fess up in court, show heaps of remose and hope the beaks are having a good day / are on a promise / got their leg over last night - might get away with a fine and/or community service.
Whatever happens, try to remain calm and in control - if you lose it in court, then you might get done for contempt of court as well, and you really don't need that!
Why'd you hit someone anyway? Particularly if you've been done previously?
2007-01-22 23:32:51 · answer #3 · answered by BushRaider69 3 · 0⤊ 0⤋
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2016-12-12 18:17:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Depends on the circumstances surrounding the case,the reasons,the seriousness of the case etc...you best bet is to ask your solicitor.
2007-01-23 02:04:04 · answer #5 · answered by jmc 4 · 0⤊ 0⤋
depending on how serious the assault was,they may get a fine.
2007-01-22 22:22:00 · answer #6 · answered by LYNDA M 5 · 0⤊ 0⤋
all depends on how serious the assault was
2007-01-22 22:19:34 · answer #7 · answered by fergie 11 4 · 0⤊ 0⤋
Maximum sentance of six months.
2007-01-22 22:23:12 · answer #8 · answered by Spiny Norman 7 · 0⤊ 0⤋
a bloody big one hopefully!
2007-01-23 00:57:32 · answer #9 · answered by nottinghamninja 2 · 0⤊ 0⤋