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Jean-Yves Gilg

Editor, Solicitors Journal

Sentence reduction for guilty pleas draft guideline published

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Sentence reduction for guilty pleas draft guideline published

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New rules aim to incentivise offenders while sparing victims and witnesses court appearances

The Sentencing Council has published a new draft guideline on reductions in sentence for guilty pleas to protect victims and witnesses from facing the stressful trial process.

The new guideline aims to set out a more consistent approach to managing guilty pleas and encourage offenders to admit their guilt as early as possible, saving the need for a trial.

The guide applies a stricter definition to the stage at which the maximum one third reduction in sentence for pleading guilty. It also provides a lower reduction than that available currently for a guilty plea entered any later in proceedings.

To qualify for the maximum reduction, the Sentencing Council proposes that an offender must plead guilty the first time they are asked for their plea in court.

For offenders who plead guilty after that first stage the maximum reduction they can be given will be one-fifth compared to one-quarter under the current process. Reductions then drop further the closer to the trial date the plea is entered.

It is expected that more guilty pleas will be entered earlier in the court process with a potential longer sentence awaiting defendants should they decide not to admit their guilt early on.

Sentencing Council chairman, Lord Justice Treacy, commented: 'We want those who have committed crimes to admit their guilt as early as possible. When they do, it means victims and witnesses can be reassured that the offender has accepted responsibility for what they have done and that they are spared having to appear at court to testify.'

Lord Treacy also emphasised that the police and Crown Prosecution Service can use their resources more efficiently to investigate and prosecute other cases, and encouraged interested parties to take part in the consultation process, which runs until 5 May.

'We want to develop a guideline that is clear, fair, and consistent, so this consultation is open to everyone including members of the judiciary, legal practitioners and any individuals who work in or have an interest in criminal justice,' he said.