On 11 February 2016, the Sentencing Council for England and Wales released a consultation paper on the reduction in sentence for a guilty plea together with new draft guidelines. These will apply to criminal cases covering both adult and youth offenders.
The Courts accounting for a guilty plea upon the sentencing of an offender is not a new principal but the new draft guidelines put forward new proposals for a sliding scale relating to sentencing reductions, the following reductions have been proposed:
One-third: Offenders who plead guilty the first time they are asked in Court.
One-fifth: This will be the maximum reduction availa
ble to an individual who pleads guilty at a later opportunity than when first asked but before the first day of the trial. The current maximum reduction available is a quarter.
One-tenth: This will be the maximum reduction available to an individual who changes to a guilty plea on the first day of a trial.
No reduction: Any offender who pleads guilty part-way through trial.
The maximum reduction offered to an offender who pleads guilty will remain the same as currently in force but the new system being proposed will be much stricter. The point at which an offender must plead guilty to receive a full reduction will be at the first stage of the proceedings instead of at the first available opportunity.
The new proposals provide no reduction in sentencing for an offender who has pleaded guilty to murder where a Judge determines that they should receive a life sentence.
What is the Council looking to achieve?
The Sentencing Council’s aim is for more guilty pleas to be entered by offenders earlier, allowing the police and Criminal Prosecution Service to use their resources more efficiently in investigating and prosecuting other cases, and to improve the efficiency of the criminal justice system.
The Council have stated that the proposed guidelines should not be construed as pressuring individuals accused of offences who are not guilty into pleading guilty.
Further clarity or cost saving?
David Hines, founder of the National Victims’ Association, whose daughter was sadly killed at the age of 22 in 1992, has stated that the new proposals are simply seeking to save money and provide softer sentences for offenders and as such, views the proposals as purely economic.
Mark Fenhalls QC, Chairman of the Criminal Bar Association, has highlighted that the new proposals will provide clarity and consistency in se
ntencing but suggests that flexibility in sentencing is also required. He states that the Courts must create a balance between the interest of the victims, the public and the offender, highlighting that the later has the right to fair process without feeling pressured into pleading guilty.
The consultation is open until 5 May 2016 and is open to anybody including, legal practitioners, and members of the judiciary. The consultation can be found on the Sentencing Council’s website, express your views and have your say on the proposed sentencing guidelines by clicking here.
