How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
11292137
Type Your UK Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

I have been arrested under section 18 wounding with intent

Customer Question

I have been arrested under section 18 wounding with intent and bailed without charge . a drunken or drugged man approached me and my friend and began to throw insults and act aggressively . He then proceeded to throw punches at my friend who ran away. The man chased him for about 50 yards and threw more punches that were narrowly missing my friend . I took the decision to tackle the man to the ground using my weight and his imbalance to get him to the floor . This was so my friend could escape and so we could get away from this man . It turns out in doing this the man suffered a wound to his head that was bleeding and an ambulance was called for him. As I had been quick to get away from the man i hadn't noticed he was injured. arrested me further up the street after witnesses had identified me . At the police station my duty solicitor advised me answer no comment to all questions which I did do. The solicitor stated the victim was fine and out of hospital with just a head wound that had been treated and that he had not given any statement so the police needed more to charge. I was bailed pending more investigation and was looking for the likely outcome of this situation and if charges are brought what I can expect and what sentence would be given. my friend can account for me defending him and I have no previous offences
Submitted: 19 days ago.
Category: UK Law
Expert:  Stuart J replied 18 days ago.

Wounding with intent is a pretty serious offence. What exactly was the nature of the altercation with him and what was the extent of his wounds? You say “just a head wound”

can you please expand on that?

Customer: replied 18 days ago.
As i tackled the person to the floor I have been told his head hit the ground and the skin on his head split which by the time the ambulance was bleeding onto the groud .I have been advised that he was discharged from hospital with a head dressing a few hours later and it was just a cut to his head that may have looked more serious at the time . I talked the man by stepping behind him and with my hand around his chest pulling him to the ground to subdue him and in no way to was meaning to cause him Injury .
Expert:  Stuart J replied 18 days ago.

Although you have been arrested under section 18, I think it highly unlikely that even if you are charged it would be under that section.

S18, GBH assault with intent (to injured) is as serious an assault as one can get. The lesser offences are section 20 GBH, section 47 ABH, and section 39 (common assault).

The next most serious offence to section 18 is attempted murder!

S18 is not commonly prosecuted because it’s the kind of offence when someone is extremely badly injured and have been severely beaten and the person committing the beating, intended to severely beat them but didn’t intend them to die.

Your solicitor will advise you but there is certainly a plea bargain to be done here of a much lesser offence (based upon your version of events). There has certainly been an assault and it’s unlikely that the defence of self-defence would work because you were not being attacked. There are mitigating circumstances but not a defence.

The definitive sentencing guidelines are here

http://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf

If you go to section 18 on page 4 onwards, you will see the aggravating factors and culpability factors and the sentencing range.

If you then go forward to section 47 on page 12 onwards, (you can look at all the other sections of course) you will see the sentencing range for section 47.

I think it more likely that if you are charged it would be under section 47 or even 39, depending on the nature of the injuries. Based upon your account, I think there is very little chance of them securing section 18 and I think it’s probably something that they simply said at the time without knowing the extent of the injuries. It’s not uncommon if there is a lot of blood and they cannot at that stage see the injury

I’m not certain whether that answers the question for you or not but I am happy to answer any specific points arising from this

Please do not forget to rate my answer service positively. If you do not rate it positively, I do not get paid credit for my time today.

You may get the impression that the thread closes after rating but it does not, it remains open and I can still answer any points arising from this.

Kind regards

Stuart.

Customer: replied 18 days ago.
One other point that I am anxious about is that whilst at the police station the duty solicitor advised me to answer no comment to all questions .nthisnwas based on the fact the AP had not give any statement and that the police only had two witness accounts that identified me from my clothing . Was saying no comment the right advise at the time or will this be detrimental to me later . I gave the duty solicitor my full version of events and that I was acting for the safety of a friend and he still advised me to state no comment .
Expert:  Stuart J replied 17 days ago.

At the police station, if you don’t know what evidence the police have, no comment is probably not a bad idea. The police will try to get you to trip yourself up self incriminate this and no comment interview makes certain that you do not do that.

Customer: replied 17 days ago.
My friend has filed a crime for the initial assault on him and has given statement for what happened and also provided a witness statements for what happened in relation to my case (that I was acting in his defence ) and so will now need to interview the AP also now as to why they began the assault .With this in place the police are now reviewing CCTV of the area. When they come to ask cps wether to charge do you think based on the fact that the AP in my case is also accused of assault , the CCTV will show this and will show me acting in defence of my friend and also the Al's reluctancy to give a version of events , would they look to prosecute or does this stand minimal chance of a criminal conviction
Expert:  Stuart J replied 17 days ago.

If there is CCTV in the area which shows this altercation, that is absolutely fantastic and it’s highly likely that in those circumstances, the matter would be dropped or if not, it would provide you with an excellent defence and even if convicted, any penalty would be minimal.

Now that your friend has made the statement about the alleged assault, the police have to follow it up. The CCTV may in fact support that initial assault allegation of your colleague.

Please don’t forget to use the rating service at some stage. We can still exchange emails.