12/10/18

Early Plea | Sentencing Guidelines | Kangs Criminal Defence Solicitors

Share

On 1st June 2017 new guidelines (‘the new guidelines’) issued by the Sentencing Council came into effect concerning the level of sentencing following the submission of a guilty plea by an offender affecting:

  • anyone over the age of 18 years ; separate guidelines for those under the age of 18 years came into force on the same date,
  • any organization,
  • any first hearing on or after 1st June 2017, irrespective of the date of the offence,  
  • both Crown and Magistrates’ Courts.

John Veale of Kangs Solicitors comments upon the new guidelines.

The Current Law | Kangs Sentencing Guidelines Advisory Solicitors

The Criminal Justice Act 2003 states:   

144 Reduction in sentences for guilty pleas

This section has no associated Explanatory Notes

(1) In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court, a court must take into account—

(a) the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and

(b) the circumstances in which this indication was given.

Practical Considerations | Kangs Sentencing Advisory Team

  • admissions and remorse at the police station should, according to the new guidelines, be considered as mitigating factors that enable the Court to adopt a lower starting point for sentence.
  • the strength of the evidence against the offender should not be taken into account when determining the level of reduction of the sentence.
  • level of credit available:
  1. one third for a guilty plea indicated at the first stage of the proceedings.
  2. one quarter for a guilty plea indicated after the first stage of the proceedings, with a sliding scale of reduction thereafter.
  3. one tenth upon the first day of trial.
  4. further decreases are available throughout the course of the trial.
  • exceptional circumstances allow the Court to consider credit where, for example, the circumstances significantly reduce the offender’s ability to understand the charge faced, or their existence makes it unreasonable for the offender to have pleaded any earlier.

How Can We Assist? | Kangs National Criminal Defence Solicitors

In respect of all alleged criminal allegations at every level it is essential that experienced legal help and guidance is sought from the outset to ensure that your position is protected as far as is possible in the circumstance that each allegation presents.

At Kangs Solicitors we are experienced in dealing with all stages of the criminal process and obtaining the best available outcome for our clients.

If we can be of assistance, please do not hesitate to contact our team through any of the following:

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

News insights, Serious Fraud, Services
A former Labour MP, Jared O’Mara, has received an immediate custodial sentence of four years having been found guilty, following his trial, of six counts of fraud relating to false expenses claims for work that he never carried out in respect of jobs that did not even exist. For further Press details please follow the […]
07/03/23
Criminal Litigation, News insights, Services
Kangs Solicitors has recently successfully defended a client facing an allegation of assault occasioning actual bodily harm arising from an incident forced upon him whilst he was simply conducting his  business, running a restaurant in London’s West End, when confronted with an unsavoury situation. Kangs Solicitors was instructed from the onset attending the interview under caution at Charing […]
06/03/23
Insolvency, News insights, Services
Kangs Solicitors has been instructed to defend claims against our client alleging breaches of Section 212 and 213 of the Insolvency Act 1986. The claims are being brought by the joint liquidators of our client’s company on the basis that our client allegedly knew that he and his company were participating in ‘Missing Trader Intra- Community’ Fraud’ […]
01/03/23

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential.