What is Credit For a Guilty Plea?

The burden of proof in any criminal case lies on the Crown Prosecution Service (CPS) who must prove all elements of an offence in order for a person to be convicted of a criminal offence in England and Wales, the defendant does not need to prove anything. The courts and sentencing council recognise that it is the right of the defendant to plead not guilty and put the CPS to proof. However, where a defendant is guilty and they admit their guilt at the earliest opportunity then they will be rewarded credit for doing so. This is because their early guilty plea has reduced the impact on victims of crime, saved the time of witnesses having to attend court to give evidence, and the time and expense of public money being spent on the prosecution. 

What is Credit for a Guilty Plea?

Credit for a guilty plea is a long-established principle that applies to all criminal cases heard in both the Magistrates Court and Crown Courts. Receiving credit for pleading guilty would allow a defendant a reduction in the sentence that would normally be imposed. What reduction is applied depends on when the plea is entered and the circumstances of the case.

Section 73 of the Sentencing Act 2020 states that where the court is determining what sentence to pass to an offender who has pleaded guilty to an offence, the court must consider the stage of the proceedings for the offence at which the offender indicated their intention to plead guilty, and the circumstance in which the indication was given.

How much Credit will I receive for an Early Guilty plea?

The guidelines state that a reduction of one-third (33%) should apply if the plea is indicated at the first stage of proceedings, this is usually the first hearing in the Magistrates Court, unless one of the exceptions applies.

After the first stage of proceedings credit reduces on a sliding scale all the way up until the first day of trial. If a guilty plea is entered at this late stage, the defendant would receive little to no credit at all.

Can I see all of the Evidence Against me Before deciding my plea?

Prior to the first hearing your legal team are entitled to receive the Initial Disclosure of the Prosecution Case – IDPC for short. This is a document aimed to provide the accused with a summary of the case against them and inform them of the evidence the CPS have to assist them in prosecuting the accused for the alleged offence. However, in some cases the IDPC is not served, or it is served particularly late, and it would not be fair for a defendant to have time to consider the information, seek legal advice on the content of the IDPC and make an informed decision all within the time afforded to a defendant at court before a hearing. In these circumstances we would always explain the defence position to the court, and where a plea hearing proceeds, we would ask for credit to be preserved on the basis that the defendant has not been given a proper opportunity to consider the disclosure of the evidence against him, to understand the case or the law.

The court must distinguish cases where it is necessary for the accused to receive advice and/or have sight of the evidence in order to understand whether they are in fact and law guilty of the offence(s) charged, and in cases where an accused delays guilty pleas in order to assess the strength of the prosecution evidence and the prospects of conviction or acquittal.

The key principle of the guidelines state that a guilty person is entitled not to admit the offence and to put the prosecution to proof of its case. This means if you are guilty, you can just wait and see whether the prosecution can prove your guilt. If the decision is to watch and wait, then this must be taken with care and following a thorough review of the evidence by a specialist defence lawyer. The consequences of this approach could be that if conviction is inevitable the defendant loses their credit and, in some cases, this can mean the difference between a custodial and non-custodial sentence. It can also be the loss of many years reduction where a defendant is looking at a considerably long custodial sentence.

What if I do not indicate a plea at the Magistrates Court?

On occasion there may be a reason the defendant does not enter a plea at the Magistrates Court, and the case may be sent to the Crown Court. Where a guilty plea is entered for the first time at the Crown Court the defendant can still be awarded the maximum reduction in sentence of one third, if this is the first time the defendant has been in a position to indicate a plea to the case against them. This does not apply to all cases, and therefore, seeking legal advice at that first hearing, understanding the evidence and the alleged offence is crucial to ensure you make the correct decisions.

Can you receive more that a third credit for a guilty plea?

In short the answer to this question in no. The courts have faced the question in cases where a person has accepted guilt at the police station, before court proceedings. The Court of Appeal in the case of R v Caley and Others [2012] EWCA 2821  that where a defendant had admitted guilt before their court appearance this could not be used to give a defendant more reduction from sentence through the principle of credit, but it could be used as a mitigation point which the courts can treat as a factor which would lean towards a downward adjustment to the overall sentence passed.

How Eventum Legal Can Help

The initial stages of criminal proceedings are very important, and it can be where crucial decisions such as your plea are made. Pleading guilty or not guilty to an offence can be a life changing decision and one that must be taken with care and made having received the advice and guidance by a specialist lawyer. At Eventum Legal we offer a bespoke defence service whereby we treat all clients individually and their case, we spend a lot of time with our clients ensuring they understand the process and the evidence in the case against them. Most of all we want to win for our clients, and give them the best possible chances of success so our lawyers will in all cases take the view that evidence where possible must be challenged, but we are also realistic and take a pragmatic approach to all cases. Being realistic at the early stages can have its advantages.

If you would like to discuss your plea options and case with a member of our team, contact us for a free confidential discussion. We will complete our initial consultation by sending to you in writing our proposed action plan tailored specifically to your case.