Crime brief

DISCOUNT FOR GUILTY PLEA

The Sentencing Guidelines Council has revised its guideline on reductions in sentence for guilty plea. The main changes, which apply to cases sentenced on or after 23 July 2007, are:
(i) Emphasising that discount for plea is not linked to severity of the crime, but as a measure to ensure the effective administration of justice.
(ii) Where the fact of a guilty plea has resulted in a non-custodial sentence, no further reduction need be made.
(iii) Discounts do not apply to ancillary orders such as disqualification from driving.
(iv) A change in terminology reflecting the fact that reduction levels are recommendations, not maximums.
(v) Where the evidence against the defendant is “overwhelming” only a 20% discount need be given reduced from one third. This major change reflects political and public disquiet following a number of recent cases.
(vi) Confirmation that in relation to indictable only offences the first reasonable opportunity to indicate guilt may be at the police station.

COURT