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GLOSSARY

Indications on sentence definition

Published by a LexisNexis Corporate Crime expert

What does Indications on sentence mean?

The process of determining mode of trial for either-way offences (adult offenders) and transferring the prosecution of an offence from the magistrates’ court to the Crown Court under Part 9 of the criminal procedure rules.

Asking for an indication of sentence cannot be taken to be an admission of guilt in itself. Where an indication regarding sentence is given by magistrates or a judge, the same magistrates or judge should conduct the final sentence hearing. Another judge dealing with sentence would be bound to follow the indication given in that case unless it can be shown that the indication was perverse or unlawful. An indication on sentence is not a plea bargain and therefore the sentence stated should follow all relevant guidelines and be explained to the defendant. It also raises a legitimate expectation that the indication will be passed, and for that reason another judge taking over the case will normally be bound to apply it—R (on the application of C) v Stratford Magistrates Court [2012] EWHC 154 (Admin).

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Indications on sentence

Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an independent and impartial tribunal. Alongside these fundamental principles exists the need to ensure justice is carried out expeditiously and there is a recognised need for discussions on plea to take place. An advance indication as to likely sentence is part of this process. The potential advantage of gaining an indication on sentence in advance is that the defendant can make a better informed decision whether to plead guilty or not.The Attorney General's guidelines on the acceptance of pleas emphasises the importance of transparency in the conduct of justice and, in particular, sets out a formalised process for the provision of indications on sentence in the Crown Court. These are generally known as 'Goodyear indications'.The Court of Appeal issued guidelines that amount to the introduction of a formalised procedure of advance sentence indication in R v Goodyear. These are now contained in paragraph 9.4 of the...

Allocation and sending—either-way offences not sent forthwith to the Crown Court for trial

Procedure for either way offences not sent forthwith to the Crown Court for trial: plea before venue and allocationWhere the court decides that a case should be tried at the Crown Court, it should immediately be sent to the Crown Court.Unless an either way offence is sent straight to the Crown Court for trial, either because the offence is indictable only or falls under the certain circumstances highlighted in the Practice Note: Allocation and Sending for Trial—Sending of Cases Forthwith to the Crown Court for Trial, the court should proceed with the plea before venue under section 17A of the Magistrates' Courts Act 1980 (MCA 1980) and allocation.The procedure to be followed is contained in Criminal Procedure Rules 2020, SI 2020/759, Pt 9 (CrimPR).Plea before venue under MCA 1980, s 17AWhere the defendant is present in court, the allegation should be put to the defendant in clear terms and the court must then ensure that the following is explained to them:•that the offence can be tried in either the magistrates'...

Discover our 7 Practice Notes on Indications on sentence

Corporate Crime weekly highlights—16 March 2023

This week's edition of Corporate Crime weekly highlights includes analysis of the collapse of the Serious Fraud Office's (SFO) prosecution of three former executives at security company G4S, the reduction of magistrates’ powers to impose custodial sentences from a year to six months for either way offences and an administrator’s fight to avoid criminal liability in a Supreme Court test case. Also included is news of updated guidance on submitting better quality SARS and of the key announcements from the Spring Budget 2023 impacting corporate crime lawyers. All this, and more, in this week’s Corporate Crime highlights.

Corporate Crime weekly highlights—1 August 2019

This week’s edition of Corporate Crime highlights includes analysis of the new Code for Private Prosecutors issued by the Private Prosecutor’s Association (PPA), the impact of the acquittal of the individuals implicated in the Sarlcad Ltd Deferred Prosecution Agreement (DPA), the implications of ‘bulk hacking’ by intelligence services and a reference to the Court of Justice of the European Union (CJEU) by the Supreme Court (UKSC) on challenging a declaration that meat is unfit for human consumption. Analysis of the key provisions of the Notification of Deaths Regulations 2019 is also provided alongside the appeal by two former Barclays PLC traders of their convictions for rigging the Euribor rate and whether Parliament can really prevent a no deal Brexit. The Court of Appeal’s judgments considering an appeal against sentence for a £2m environmental offences fine and an appeal against a corporate corruption conviction by a company where no directing mind was on trial are also covered along with the National Crime Agency’s (NCA) latest Unexplained Wealth Order (UWO), a £1m...

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