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06 September 2007
Issue: 7287 / Categories: Case law , Law digest
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Sentencing

Sentencing Guidelines Council: Revised Definitive Guideline—Reduction in Sentence for a Guilty Plea:

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.

Issue: 7287 / Categories: Case law , Law digest
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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