POLICE MATTER. GBH SUSPENDED CHARGE
Discussion
A friend of mine recently got into a bit of bother, wherby he had a fight one night and ended up hitting a guy over the head with a hammer (like you do).
Before, you all start, it is not me. It is a friend.
He has been arrested and released on bail, to reappear at the local Police station in six weeks time.
His bail sheet states....
GBH (without intent). Suspended charge. He has asked me, if I know what this means. Has he been charged, or are they going to charge him?
Any legal beagles out there?
Before, you all start, it is not me. It is a friend.
He has been arrested and released on bail, to reappear at the local Police station in six weeks time.
His bail sheet states....
GBH (without intent). Suspended charge. He has asked me, if I know what this means. Has he been charged, or are they going to charge him?
Any legal beagles out there?
I should preface this by saying I'm not a criminal lawyer so I could well be talking through my cat. I'm sure PatH will be along presently and he'll doubtless give you chapter and verse.
My understanding is that if the Police bail you, it's usually because they're sending the papers off to the CPS to decide whether a charge is warranted based on the evidence available. When bail is answered on the appointed date, they will either formally charge him, bail him to come back on a further date if a decision hasn't been reached or release him without charge if the CPS decide not to pursue the matter.
I don't know what a suspended charge is. It sounds like it's not be confused with a suspended sentence however. A suspended sentence is something a court can hand down after either accepting a guilty plea or a defendant has been found guilty by the court - it can impose, say, a 6 month prison sentence but suspend it for a period of time. The effect is that the accused walks but the sentence is activated if he is convicted again during the period that the sentence is suspended for.
My understanding is that if the Police bail you, it's usually because they're sending the papers off to the CPS to decide whether a charge is warranted based on the evidence available. When bail is answered on the appointed date, they will either formally charge him, bail him to come back on a further date if a decision hasn't been reached or release him without charge if the CPS decide not to pursue the matter.
I don't know what a suspended charge is. It sounds like it's not be confused with a suspended sentence however. A suspended sentence is something a court can hand down after either accepting a guilty plea or a defendant has been found guilty by the court - it can impose, say, a 6 month prison sentence but suspend it for a period of time. The effect is that the accused walks but the sentence is activated if he is convicted again during the period that the sentence is suspended for.
UKBob said:
He sounds like a bit of a tool. Was he hammered at the time? He'll probably get banged up.
You ought to be a comedian.
Joking aside though, my mate has got previous for GBH, so I suppose that he is likely to be doing a bit of porridge soon.
He claims that he hit the chap out of self defence.
I believe that he is due to answer bail at his Police Station on 30 August. Should he pack his toothbrush?
360boy said:
UKBob said:
He sounds like a bit of a tool. Was he hammered at the time? He'll probably get banged up.
You ought to be a comedian.
Joking aside though, my mate has got previous for GBH, so I suppose that he is likely to be doing a bit of porridge soon.
He claims that he hit the chap out of self defence.
I believe that he is due to answer bail at his Police Station on 30 August. Should he pack his toothbrush?
And he just happened to have the hammer in his pocket at the time?
Dwight Vandriver said:
LL would seem to have hit the nail on the head...
Bailed to reappear at a certain time and date, which allows Police to amass all the evidence it can, run it past CPS for the most appropriate charge which will be prefered when he anwsers bail.
dvd
If it is anything like my recent experience of Jury service, they'll add in ABH just in case.Bailed to reappear at a certain time and date, which allows Police to amass all the evidence it can, run it past CPS for the most appropriate charge which will be prefered when he anwsers bail.
dvd
360boy said:
UKBob said:
He sounds like a bit of a tool. Was he hammered at the time? He'll probably get banged up.
You ought to be a comedian.
His mother asks, "Johnny, why are you crying, what happened?"
Johnny cries, "Because daddy hit his thumb with the hammer!"
So his mother says, "Johnny, you shouldn't cry because of that. You should laugh!"
Poor johnny starts howling anew, and says, "But I did laugh!!"
He could always petition the judge with a medoly from the heart...
My-my-my-my attacker hit me so hard, made me say oh my Lord
Thank you for listening to me with a mind to crime you'll set me free
It feels bad when you know you're down
But you're a real nice judge from a good hometown
And you're known as such
This is one GBH that you can't touch
Stop! Hammertime...
360boy said:
Joking aside though, my mate has got previous for GBH, so I suppose that he is likely to be doing a bit of porridge soon.
He claims that he hit the chap out of self defence.
I believe that he is due to answer bail at his Police Station on 30 August. Should he pack his toothbrush?
Sounds like he shouldn't even be out on bail, if it was self defence how big was the other guy's hammer?
Suspended charge?
I have no idea what that means, not heard that terminology been used before. If he has been bailed to the police station in 6 weeks it will be so the police can make further enqs, perhaps get medical evidence or seek CPS advice.
If its GBH with no intent (section 20 assault) hes looking at a max of 5 years in prison. If its with intent (section 18 assault) the maximum penalty is life.
I have no idea what that means, not heard that terminology been used before. If he has been bailed to the police station in 6 weeks it will be so the police can make further enqs, perhaps get medical evidence or seek CPS advice.
If its GBH with no intent (section 20 assault) hes looking at a max of 5 years in prison. If its with intent (section 18 assault) the maximum penalty is life.
deeps said:
I'm suprised he's not up for attempted murder
perhaps he used a ruber mallet.
Or one of these perhaps he used a ruber mallet.
Forgive me for saying this (we dont need to know the details) but I'd guess he will be punished, and if convicted, I hope he deserves the punishment he gets (not the other way around). We all make mistakes in life, god only knows what Id do if being attacked, trying to ward off an attacker with a hammer as the only means available protection in sight.
Its not my place to presume, but perhaps (if its the second time he has attacked someone) he had what was coming to him? No need to answer, as your thread wasnt in regards to whether he deserved it or not.
Edited by UKBob on Saturday 29th July 18:15
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