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does person always get a prison sentance

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Tomas123 | 01:21 Sun 28th Aug 2011 | Law
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my friend is being charged with section 18 wounding with intent. i have heard all the different outcomes of what could happen at court. however i have heard a few people say that he might not go to prison if it his first offence and people saying he will get a long sentence. does anyone know anything different or true?
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There are simply too many factors to take into account to give you any accurate answer,Tomas123.
Unless there are VERY exceptional circumstances (which the judge must explain to the public and the press in open court) judges MUST stick to the guidelines in this document:
http://sentencingcoun...ine_-_Crown_Court.pdf

The sentences shown in the table on Page 5 refer to a first-time offender who is convicted after a trial. An offender who pleads guilty at the earliest opportunity can receive a one third reduction in the sentence.

So you'll see that the absolute MINIMUM sentence which can be passed (unless there are VERY exceptional circumstances) is one of 2 YEARS imprisonment. (i.e. 3 years less one third). Since an offender normally spends only half of the nominal sentence 'inside', that means that your friend will be 'banged up' for AT LEAST one year.

Oh hang on a moment, haven't I already told you all of that?
http://www.theanswerb.../Question1036988.html
The document that I've linked to above is the actual document that the judge will have before him when he passes sentence. 'Section 18' is an extremely serious offence, akin to 'attempted murder'. Probably only one person in a thousand (or fewer) will avoid custody.

Chris
It seems that I was guilty of exaggeration above.

In 2005 (which is the most recent year for which I can find any figures relating to non-custodial sentences) 8.1% of those convicted of GBH with intent received non-custodial sentences. There were actually 135 people who avoided custody (with some simply mathematics showing that the total number of people convicted of the offence being approximately 1670). However it should be remembered that those 135 people were probably mainly juveniles (who are far less likely to receive custodial sentences), together with (for example) people who had terminal diseases or who were the principal carers for such people. 'Joe Bloggs' rarely gets off.

Chris

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