Sentencing

The main changes to the guidance are:

(i) the fact that the prosecution case is overwhelming without relying on admissions from the defendant may be a reason justifying departure from the usual discount of one-third (para 5.3). Where a court is satisfied that a lower reduction should be given for this reason, a reduction of 20% is likely to be appropriate where the guilty plea was indicated at the first reasonable opportunity (para 5.4).

(ii) There is new guidance (in Annex 1) on what is the first reasonable opportunity to enter a guilty plea to get the full recommended discount of one-third: (a) where an either-way offence is committed to the Crown Court for trial and the defendant pleads guilty at the first hearing in that court, the reduction is likely to be in the region of 30%; (b) where an offence is triable only on indictment, it may be that the first reasonable opportunity would have been during the police station stage; where that is not the case, the first reasonable opportunity is likely to be at the first hearing in the Crown Court; (c) where a defendant is convicted after pleading guilty to an alternative (lesser) charge to that to which he had originally pleaded not guilty, the extent of any reduction will be determined by the stage at which the defendant first formally indicated to the court willingness to plead guilty to the lesser charge, and the reason why that lesser charge was proceeded with in preference to the original charge.