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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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

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Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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