Sentencing for sections 18, 20 and 47 will result in different likely sentences and so pleas to lesser offences should not be accepted unless there has been a change in circumstances or further evidence that changes the level of harm. This section states that reasonable punishment may only be used as a defence to an allegation of common assault or battery. He spat in her face. Actual Bodily Harm is a serious criminal offence that can result in a prison sentence of up to 5 years along with a criminal record which may cause difficulties with your current or future employment. This can be a difficult offence to prove, and it should be reserved for the more serious cases. The culpability assessment for all three guidelines now includes strangulation/ suffocation/ asphyxiation. The cookie is used to store the user consent for the cookies in the category "Performance". background-color:#ffffff; The definition of wounding may encompass injuries that are relatively minor in nature, for example a small cut or laceration. If he hadn't mouthed off to the cops and had a few sympathetic witnesses he probably would have been cautioned at worst. |. TheOut-of-Court Disposals in Hate Crime and Domestic Abuse Cases guidance confirms that out-of-court-disposals are available for use by the police in relation to Domestic Abuse cases in the same way as any other type of offence and there is no requirement for the police to refer these cases to the CPS for approval of an out-of-court disposal unless the out-of-Court disposal is a conditional caution. background-color:#ffffff; An immigration officer is defined within s.1 of the Act as someone designated by the Secretary of State. GBH convictions result in more severe sentences, with life imprisonment possible if youre found guilty of GBH with intent. An offence contrary to section 18 may also be committed where the victim is wounded or caused grievous bodily harm in the course of the defendant resisting or preventing the lawful apprehension of any person. Id have thought, with that previous, unprovoked attack, and i'd imagine the prosecution will play the "my client has suffered facial scaring and will have to deal with the consequenses for the rest of his life" line. He swore and said, I am going to kill you. In these cases, this may include the need to obtain material from third parties such as medical professionals, educational establishments and/or local authorities. Sentencing for all three offences sees a significant change under the new guidelines. Prosecutors should note the judgement in R v Morrison [2003] 1 WLR 1859, in which, on a single count of attempted murder, the Court of Appeal held that the trial judge had been right to leave to the jury an alternative count of attempting to cause GBH with intent, because a defendant could not intend to kill without also intending to cause GBH. I didn't necessarily mean reduce the charge but rather maybe lower the sentencing within the second category of ABH as at the lower end is a community order. If a separate assault accompanies the detention this should be reflected in the particulars of the indictment. government's services and The inclusion of and/or substantial impact upon victim broadens the consideration from one focused on the specific injury to the overall impact of the offence on the Victim. All rights reserved. } color:#0080aa; border-color:#000000; Telephone: +44 (0)1223 368761 what you think by taking our short survey, Reality TV star Stephen Bear has been sentenced to 21 months imprisonment today for voyeurism and two counts of, A Chelsea supporter has been banned from football for three years for a racially aggravated public order offence, The CPS has authorised the @metpoliceuk to charge Constance Marten and Mark Gordon with gross negligence manslau, Coming up in the next edition of our community newsletter: Actual bodily harm (ABH) is a charge for cases where actual injuries have been inflicted. Intention to commit more serious harm than actually resulted from the offence. The only members of the immigration enforcement/border force workforce who are covered are: The section 1 offence in the 2018 Act should be prosecuted if prosecutors establish that the immigration officer falls within the definition of an emergency worker. All three offences will have nine categories as of 1 July 2021, with both culpability and harm consisting of three sub-categories each. Even at first glance, the extent of the changes to the guidelines are clear. As a whole, the new guidelines place greater emphasis on the impact on the Victim in determining the appropriate sentence. } This field is for validation purposes and should be left unchanged. Offence 3: the appellant came into the room and punched her legs causing pain for some time afterwards. The new harm considerations emphasise the level of harm suffered in GBH cases. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. Email: clerks@fennerschambers.com, Fenners Chambers 2021. border-color:#000000; Domestic abuse, ABH charge, likely punishment. - PistonHeads What To Do If You're Charged With ABH | Lawtons - Lawtons Solicitors Whilst the guidance provides some assistance, it is likely that a wealth of case law will quickly develop as to specifically what weapons are highly dangerous. 18th June 2018 |, 1st March 2018 |, 16th June 2017 |, What to do if youve been charged with ABH, Burglary, Theft and Criminal Damage Solicitors, Biologically, through a transmissible disease, Psychologically, when considerable psychological trauma results, including post traumatic stress disorder, Considerable planning or premeditation involved, Use of a highly dangerous weapon or improvised weapon, Strangulation, asphyxiation or suffocation involved, Defendant played a leading role in a group assault, Cases between high and lesser culpability, Could be classed as excessive self-defence, Defendant has a mental disorder or learning disability. Kang & Co Solicitors is a truly specialist high-end law firm providing advice and representation privately for all Driving Offences, and Criminal Offences. Impulsive/spontaneous and short-lived assault in Culpability C for ABH and GBH. A person who recklessly causes GBH or wounding on a person will generally receive a lighter sentence in court than a person who intentionally does it. In domestic violence cases, Victim forced to leave their home has been replaced with the wider protections outlined above. Deliberate spitting or coughing has been introduced for ABH to reflect Covid. It must be proved that the assault (which includes battery) occasioned or caused the bodily harm. Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law. ! border-color:#000000; border-style:solid; It also changes the approach from having a starting point of being multiple blows/prolonged incident which is mitigated by being a single blow/isolated incident, to the starting point being a single blow/isolated incident which is aggravated by multiple blows/being a prolonged incident. Racially or religiously aggravated ABH also carries a heavier sentence: up to seven years in prison. Where there is punching, kicking or weapons involved, it is quite possible that this would represent a case of ABH, which is a more serious form of assault than common assault. One of the most significant changes to the culpability assessment is the stronger focus on weapons. The Act does not define ill-treatment and wilful neglect, therefore these concepts should be given their ordinary meaning. The features do not restrict who the offence or abuse must have been between, meaning that it is not restricted to partner offences but also includes parent-child abuse. It should be borne in mind that the actions of the defendant must be more than merely preparatory and although words and threats may provide prima facie evidence of an intention to kill, there may be doubt as to whether they were uttered seriously or were mere bravado. This Charging Standard is designed to assist prosecutors and investigators in selecting the most appropriate charge, in the light of the facts that can be proved, at the earliest possible opportunity where offences against the person are concerned. #nf-form-12-cont .nf-row { However, a lack of consent can be inferred from evidence other than the direct evidence of the victim CPS v Shabbir[2009] EWHC 2754 (Admin). font-size:18pt; Prosecutors should refer to the Domestic Abuse legal guidance when considering cases involving domestic abuse. Can a magistrates court conduct a trail . font-size:12pt; Evidence of the following factors may assist in proving the intention to kill: Prosecutors should consider the Child Abuse (non-sexual) legal guidance when considering offences of child abuse. } } Most of the physical contacts of ordinary life are not actionable because they are impliedly consented to by all who move in society and so expose themselves to the risk of bodily contact: Collins v Wilcock [1984] 1 WLR 1172. #nf-form-12-cont { We use cookies to ensure that we give you the best experience on our website. This offence is not superseded by the new offence at in section 1 of the 2018 Act as most immigration officers are not covered by the definition of an emergency worker at section 3. A significant number of aggravating features have been removed: Two new mitigating features have been introduced. There is some ambiguity as to the ambit of this offence. We also offer services for Regulatory Law, Road Transport Law and Licensing Law. background-color:#ffffff; border-style:solid; The prosecution must prove under section 20 that either the defendant intended, or actually foresaw, that the act might cause some harm. Although all assaults are serious crimes and potentially life-changing ones for all parties, there are varying degrees of assault, according to UK law. Basically something happened in a pub and a scuffle broke out with another group of lads, few punches thrown that kind of thing, unfortuntaley someone fell through a window and hence we where all . I am guessing the children are under 18? | Site Map Website designed by, Barristers are regulated by the Bar Standards Board, Barristers are regulated by the Bar Standard Board, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Ok but there is also CCTV and four other witness statements seeing the incident, I was under the impression that if he doesn't give evidence to the police then its a matter of public . border-style:solid; Physical injury does not need to be serious or permanent but must be more than "trifling" or "transient", which means it must at least cause minor injuries or pain or discomfort. } Common assault or battery (section 39 CJA 1988), Wounding with intent to cause GBH (section 18 OAPA 1861), Malicious wounding (section 20 OAPA 1861), Assault occasioning actual bodily harm (section 47 OAPA 1861), Any other offence the court considers has been committed against the against a person providing a public service, performing a public duty or providing services to the public (section 68A(5) SA 2020). color:#000000; } deadliest catch deaths at sea . How long are sentences for common assault & assault charges in the UK .nf-form-content .nf-field-container #nf-field-84-wrap .nf-field-element .ninja-forms-field { For offences against older people, please refer to the CPS guidance Older People: Prosecuting Crimes against, in the Legal Guidance. Fenners Chambers | 3 Madingley Road | Cambridge | Cambridgeshire CB3 0EE | United Kingdom, Fenners Chambers 2021. Prosecutors should also have regard to section 39A Criminal Justice Act 1988 (CJA 1988), inserted by section 49 Police Crime and Sentencing Courts Act 2022 (PCSCA 2022). background-color:#ffffff; The guidance in cases such as Golding and Bollom should be applied when determining whether the injury amounts to ABH or GBH. A number of cases have held what constitutes good reason, and what does not. History of violence or abuse towards victim by offender. folder_opendo soulmates separate and reunite Prosecutors should be aware of the specific offences that could apply to incidents involving children including child neglect contrary to section 1(1) Children and Young Persons Act 1933 and causing or allowing the death a child or vulnerable adult contrary to section 5 of the Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004). A decent amount of prison time one would hope. For section 18 it is life imprisonment. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. We offer our solicitors and barristers services nationwide on a private fee-paying basis. This includes both those who have the day to day care of that person as well as those who only have the very short-term care, whether they are family carers, professional carers or other carers. Golding [2014] EWCA Crim 889indicates that harm does not have to be either permanent or dangerous and that ultimately, the assessment of harm done is a matter for the jury, applying contemporary social standards. last night I got arrested for ABH sec18.. I was out in town - JustAnswer Domestic abuse, ABH charge, likely punishment. You also have the option to opt-out of these cookies. He grabbed a pair of scissors, cut her fringe, took her nail polish remover and threatened to pour it over the dog and set fire to the dog. These cookies will be stored in your browser only with your consent. border-color:#000000; Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Offence committed in prison (where not taken into account as a statutory aggravating factor) has been introduced in light of the removal of location of the offence. Assault occasioning actual bodily harm, Offences against the Person Act 1861 (section 47) Racially or religiously aggravated ABH, Crime and Disorder Act 1998 (section 29) Triable either way Section 47 Maximum: 5 years' custody Offence range: Fine - 4 years' custody Section 29 Maximum: 7 years' custody Not only do the guidelines make a history of domestic abuse an aggravating factor where the Perpetrator is the Defendant, but they also protect when the Victim of domestic abuse is the Defendant in question. Before doing anything else, its important to seek the guidance of a specialist ABH solicitor. The House of Lords held in Brown (Anthony Joseph) [1994] 1 AC 212 that in the absence of good reason, the victim's consent is no defence to a charge under the Offences against the Person Act 1861. In R v Chan-Fook [1993] EWCA Crim 1the court held that the phrase "actual bodily harm" can include psychiatric injury where this is proved by medical evidence but it did not include emotions, such as fear or panic, nor states of mind that were not themselves evidence of some identifiable clinical condition. The s.29 offence requires proof that the conduct was done "maliciously" and in addition, there must be proof of an intent to burn, maim, disfigure, or disable any person or to do some grievous bodily harm. is a deputy appointed by the court for the person who lacks capacity. R. 36, CA). For the indictment, ill treatment and wilful neglect should feature in separate counts. color:#0080aa; Whilst the statutory maximum for the offences has not changed, the sentencing range for ABH has been increased to 4 years custody and the sentencing range for GBH has been increased to 4 years 6 months custody. She has always had him back, we don't get involved because she always goes back, however this time it was like a slap in the face. Annex A of the Racist and Religious Hate Crime guidance contains a table of legislation used to prosecute racist and religious crime and the maximum sentences for each offence. In terms of the relationship between the new and old categories of offence, in the majority of cases the top category (Culpability A, Harm 1) has a greater starting point and range than the former Category 1. For further indications of the seriousness with which this offending is treated, see: R v Riley [2017] EWCA Crim 243, R v Midmore [2017] EWCA Crim 533, R v Isaac [2016] EWCA Crim 1907. If the detention was for the purpose of committing another indictable offence, and such an offence was committed, a count for the substantive offence will usually be enough. It is an either way offence, which carries a maximum penalty on indictment of two years imprisonment and/or a fine. border-color:#000000; Talking as somebody who deals with this very often professionally, it is very unlikely this is the first time she has suffered at the hands of this guy and has likely taken him back before. We are frequently instructed by individuals and businesses nationwide. There are three levels of culpability for ABH. If an alternative count can be left to the jury, prosecutors should not normally add it to the indictment, but should draw to the attention of counsel that the alternative count may be available. The change which is likely to receive the most praise is the greater protection for Victims of domestic abuse. he highest amount / proportion of people in prison is for violent crime. Common examples include: Causing a visual disfigurement. A prosecutor should consider the . Read more in our privacy policy and confirm you're happy to accept this. They can help to reduce the impact of the charges on your life, working to maintain your freedom by preventing you from incriminating yourself and offering a convincing defence. Women's Aid or Refuge. Without wanting to be pedantic I didnt say we were friends ! R v Langford [2017] EWCA Crim 498- The appellant grabbed the complainants neck with his hands, locked his arms and squeezed. The consequence of its loss is that the fact that the offence took place in a Court, school or hospital will no longer be an aggravating feature. The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. The GBH and GBH with Intent guidelines have also removed the vulnerability of the Victim as a consideration. #nf-form-12-cont .nf-error-field-errors { access_time23 junio, 2022. person. It can be intentional or reckless in nature, and even a relatively gentle push could be classed as ABH if the victim suffers injuries consistent with ABH. Where it is doubtful whether the threat carried the necessary intent a charge under s.4 or s.4A Public Order Act 1986 (see Public Order Offences incorporating the Charging Standard) or other offences such as at s.1 Malicious Communications Act 1988, s.127 Communications Act 2003 may be appropriate. Reference should be made to the Adult and Youth Conditional Caution guidance. The Act applies to everyone who looks after or cares for someone who lacks mental capacity. The likely outcome of an ABH charge depends upon many factors, including how a defendant pleas, any previous convictions and if remorse is shown. Actual bodily harm (ABH) means the assault has caused some hurt or injury to the victim. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Made me feel a little bit sick reading this - poor woman. A level of harm less than category 1 but greater than category 3. What the Police Must Prove in Court You will be guilty of GBH or wounding if the prosecution can prove each of the following elements beyond reasonable doubt in court: Meanwhile, the sentencing range for GBH with Intent has been reduced to between 2 years and 16 years custody. Assault on a child should be flagged as "child abuse" and reference must be made to the Child Abuse (non-sexual)legal guidance when considering these cases. These include the severity of the injuries, the intent behind them, and any history between the defendant and the victim. Fenners Chambers | 3 Madingley Road | Cambridge | Cambridgeshire CB3 0EE | United Kingdom. color:#0080aa; This could be spitting, slapping or hitting someone in another way, whether there are minor injuries or none at all. The following have been removed as mitigating features: The removal of single blow and isolated incident goes to intent and reiterates the shift from the Defendants intention being at the forefront of the sentencing considerations to the impact on the Victim. Cases in the middle fall within Harm 2. A Defendant who falls within the lowest category of ABH on 30 June 2021 will be in the range of a Band A fine to a High-Level Community Order. Either can be contacted via the national domestic abuse hotline. Help us to improve our website;let us know
I'd guess at a suspended sentence if found guilty. A person may use such force as is reasonable in the circumstances for the purposes of: An element of the offence of common assault is lack of consent so that the prosecution may (where it is a live issue) have to establish that the offence was committed without consent. None of us had previous. It is immaterial if the impairment or disturbance is permanent or temporary (s.2(2) MCA). Where cases have any evidence of non-fatal strangulation or non-fatal suffocation as a distinct offence or alongside other offending, prosecutors must refer to this guidance for consideration regarding the most appropriate charges to lay. She had bruising around the neck and described the event as the most frightening thing that had ever happened to her. When a victim has made a statement or a video recorded interview (VRI) with the view to its possible admission as evidence in proceedings and it has been provided to a police officer or person authorised by the police, (section 39A(2) and (3) CJA 1988). Likely outcome of a assult (ABH) court appearance - PistonHeads border-color:#000000; Prosecutors should also consider any risk assessments completed by the police or local authority. 546. London, SW1H 9EA. An indictment alleging section 18 or section 20 should: The distinction between s18 and s20 is one of mens rea: The maximum sentence for section 20 is five years imprisonment. Necessary cookies are absolutely essential for the website to function properly. Serious injuries include damaged teeth or bones, extensive and severe bruising, cuts requiring suturing and those that result in loss of consciousness. background-color:#ffffff; The intent: At the time of the application of force, the accused must either intend the application of force or should have foreseen their conduct was likely to result in the application of force to another. Prolonged/persistent assault in Culpability A to replace sustained or repeated due difficulties interpreting repeated. font-size:12pt; It is regularly updated to reflect changes in law and practice. The guidelines introduce a range of new culpability considerations, many of which feature in all three guidelines. font-size:12pt; A greater degree of provocation than normally expected has been removed from culpability and a significant degree of provocation has been added as a mitigating feature for GBH. If the threat accompanies an assault, adding a charge of Threats to Kill will normally be unnecessary. The court said, To use this case as an example, these injuries on a 6 foot adult in the fullness of health would be less serious than on, for instance, an elderly or unwell person, on someone who was physically or psychiatrically vulnerable or, as here, on a very young child. the allegation is based on grievous bodily harm or a wound resulting: this is good practice for clarity, and otherwise an alternative verdict may not be available: McCready [1978] 1 W.L.R. background-color:#424242; This could make Victim Impact Statements carry greater importance, with Judges likely placing more weight on the content of any such statement in determining the appropriate offence category. Deliberate targeting of vulnerable victim. There are three categories: A serious physical injury or psychological harm, and/or an attack with a significant impact on the victim. The prosecution must prove under section 18 that the defendant intended to wound and/or cause grievous bodily harm, and nothing less than an intention to produce that result, which in fact materialised, will suffice. border-color:#ffffff; In DPP v Smith [2006] EWHC 94 (Admin) the court determined that the offence of ABH had been committed but acknowledged that common assault could have been prosecuted. color:#ffffff; If the allegation involves domestic abuse, there should be consideration of the Domestic Abuse legal guidance. It also means that in GBH and ABH cases, there is recognition of the past abuse which has been suffered. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Even without intent, GBH carries a maximum sentence of five years in prison. This cookie is set by GDPR Cookie Consent plugin. I hope he gets banged up for the max term possible. One cannot help but wonder if the stronger focus on weapons is, at least in part, a response to the increased prevalence of knife crime in recent years. Kang & Co Solicitors Limited Registered Office: 1 Victoria Square, Birmingham, B1 1BDAccessibility|Privacy Policy|Legal Statement|Terms of Use|Complaints Policy|Terms of Business| Careers |FAQs | Refunds Policy | Phone: 0345 222 9955 | VAT No: 274718770Kang & Co Solicitors 2023 All Rights Reserved. In line with this, the Sentencing Council has removed the phrase in the context of the offence from the harm assessment as it led to problematic arguments about how much worse the harm could have been. More serious injuries, particularly those from sustained assaults or using great force, are likely to meet the requirements for GBH. Complete Guide on Assault Charges, Penalties and Defences Company Registration, Kang & Co Solicitors is a truly specialist high-end law firm providing advice and representation privately for all, Registered Office: 1 Victoria Square, Birmingham, B1 1BD, Kang & Co Solicitors 2023 All Rights Reserved. We also use third-party cookies that help us analyze and understand how you use this website. If youre wondering whether youll go to jail for your first ABH offence, the answer is quite likely to be no, but specialist legal advice should be taken in all cases to get a more accurate answer. The defence will continue to be unavailable in relation to allegations contrary to sections 18, 20 and 47 of the Offences Against the Person Act 1861 and section 1 of the Children and Young Persons Act 1933. #nf-form-12-cont .nf-response-msg { The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. The defendant does not have to have the intention to kill but there has to be an intent that the person to whom the threat has been issued would fear it would be carried out. There simply isn't room for everyone who commits their first ABH. That is a possibility, I won't post on this thread again, well for a while, I will update it though, he's in court in march I think. Zholia Alemi forged N, Offences against the Person, incorporating the Charging Standard, Updated: 21 March 2022; Updated:27 June 2022, Terrorism, Violent crime, International and organised crime, Domestic abuse, Violent crime, Sexual offences, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Information for prosecuting advocates including Advocate Panels, Annual reports, business plans and strategies, Charging Offences involving Domestic Abuse, Assaults on Emergency Workers and Public Servants, Assaults on people providing a public service, Common Assault s.39 Criminal Justice Act 1988, Assault occasioning Actual Bodily Harm (ABH) s.47 OAPA 1861, Common assault or ABH: Decision on charge, Common Assault, ABH, non-fatal strangulation or non-fatal suffocation: decision on charge, Unlawful wounding/inflicting GBH s.20 and wounding/causing GBH with intent s.18, Assault with intent to resist arrest s.38 OAPA 1861, Maximum sentence and racially and/or religiously aggravated assaults, Throwing corrosive fluid on a person s.29 acid attacks, Ill-treatment or neglect, contrary to section 44 of the Mental Capacity Act 2005 (MCA), Attempted murder, contrary to section 1(1) Criminal Attempts Act 1981, section 49 Police Crime and Sentencing Courts Act 2022, Assaults on Emergency Workers (Offences) Act 2018 Guidance, section 156 Police Crime and Sentencing Act 2022, Youth Justice and Criminal Evidence Act 1999, Non-fatal Strangulation and Non-fatal Suffocation, Non-fatal Strangulation or Non-fatal Suffocation, Intentional or Reckless Sexual Transmission of Infection, Annex A of the Racist and Religious Hate Crime, Public Order Offences incorporating the Charging Standard, Ill-treatment or Wilful Neglect Offences - Sections 20 to 25 of the Criminal Justice and Courts Act 2015, Out-of-Court Disposals in Hate Crime and Domestic Abuse Cases, Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020, Explanatory Memorandum: Children (Abolition of Defence of Reasonable Punishment) (Wales) Act, Ending physical punishment in Wales | GOV.WALES, Stopio Cosbi Corfforol yng Nghymru: taflen wybodaeth ar gyfer Gwasanaeth Erlyn y Goron | LLYW.CYMRU, section 130 Social Services and Well-being (Wales) Act 2014, section 93 of the Education and Inspections Act 2006, The law in action: how prosecutors apply centuries of legislation to contemporary crime, Man convicted of manslaughter of Tyreece Daley, Three men jailed for the murder of Frantisek Olah, Man jailed for life for murdering an associate who wouldn't answer the door, 'Manipulative' Havant woman jailed for murdering boyfriend, Three jailed following 'sophisticated' murder in Mossley, Youth convicted of manslaughter of 15-year-old boy, Wellingborough boxer jailed for life for murder of Kamil Leszczynski after body found in Bedfordshire, Providing a quality service to victims of bereaved families in terrorist incidents, disasters and multi-fatality cases: Guidance, Householders and the use of force against intruders, Non-fatal strangulation or non-fatal suffocation, Rape and Sexual Offences - Annex B: Statutory Limitations on prosecution of offences committed abroad - Table of Legislation, Offensive Weapons, Knives, Bladed and Pointed Articles, Child Abuse (non-sexual) - prosecution guidance, Offensive Weapons Table of Offences, Defences and Applicability, Assaults on Emergency Workers (Offences) Act 2018. the need for each case to be considered on its facts and merits; any guidance on the use of out of court disposals such as cautions or conditional cautions.