With significant changes proposed to the way judges and magistrates calculate credit for guilty pleas, this episode examines current practice, Court of Appeal guidance and potential reforms, with the practical realities faced by those advising clients at the coal face.

Retired solicitor (now barrister - non practising) Colin Beaumont and barrister Clive Smith explore the Sentencing Council’s Reduction in Sentence for a Guilty Plea guidelines, the key Court of Appeal judgments shaping current practice, and the impact of the Leveson Review’s recommendations. They tackle the nuances of “indicating willingness” to plead guilty, the effect of minimum sentence provisions, and the interplay between starting points and credit in both adult and youth cases.

The conversation also delves into strategic considerations: when a timely indication can mean the difference between custody and a community order, why the cases of Plaku, Hodgin, and Caley are essential reading for advocates, and how police station advice can influence sentencing outcomes months later. The hosts address the “perverse incentive” created by fee structures, discuss how credit can still be argued for late pleas that save significant court time, and highlight judicial flexibility in today’s backlogged system.

Closing with a look at the broader policy aims — encouraging genuine early pleas while safeguarding against wrongful admissions — this episode is an indispensable guide to understanding the subtleties of guilty plea credit and its application in practice.

LINKS:

The Leveson Review:

https://assets.publishing.service.gov.uk/media/686be85d81dd8f70f5de3c1f/35.49_MOJ_Ind_Review_Criminal_Courts_v8b_FINAL_WEB.pdf

Sentencing Council - June 2017 – 'Reduction in sentence for a guilty plea'

https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/reduction-in-sentence-for-a-guilty-plea-first-hearing-on-or-after-1-june-2017/

Section 73 of the Sentencing Act 2020

https://www.legislation.gov.uk/ukpga/2020/17/section/73

R v Caley and Others [2012] EWCA Crim 2821

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Crim/2012/2821.html&query=(caley)+AND+(2012)

R v Plaku, Plaku, Bourdon & Smith (2021) EWCA Crim 424

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Crim/2021/568.html&query=(plaku)

Rex v Derie [2024] EWCA Crim 1337

https://www.bailii.org/ew/cases/EWCA/Crim/2024/1337.html

(The Court of Appeal considering the appropriate percentage reduction to reflect the age of the offender at the time of the commission date of the offence and also considering whether or not greater credit should have been given...