Sentencing powers—overview

Where defendants acknowledge guilt, they can either enter a guilty plea or require the prosecution to prove the case. Pleading guilty may attract a reduction in sentence; see Practice Note: Credit for guilty plea. That said, the Sentencing Council’s overarching guidelines on reductions for a guilty plea expressly curtail credit where a Newton hearing has occurred and the defendant’s account has been rejected. Those guidelines provide that the reduction otherwise available at the stage the plea was first indicated will generally be cut by half, and, if witnesses are called during the hearing, a further downward adjustment may be appropriate. Practitioners should therefore think carefully about any proposed basis of plea and be alert to the effect an unsuccessful Newton hearing may have on anticipated credit. They should also ensure clients are advised on both issues before a plea is entered, and that a comprehensive note of those discussions is kept. Note that, prior to entering a guilty plea, a defendant may seek an indication of sentence under...

Time spent on remand When an offender receives a determinate custodial sentence (that is, imprisonment for a fixed term), the period spent on remand in custody that must count towards that term is calculated and applied administratively by the Prison Service. The statutory basis is section 240ZA of the Criminal Justice Act 2003 (CJA 2003)... For determinate sentences, the sentencing judge states the overall term, after which the Prison Service works out the credit for time spent on remand in custody; see Practice Note: Custodial sentences available for adult offenders—Determinate sentences of imprisonment. The position differs for time subject to a qualifying curfew and for time in custody pending extradition (see below)... “Remanded in custody” is narrowly defined and applies only where a defendant is: remanded in or committed to custody by order of a court kept in secure accommodation detained in a secure training centre remanded to hospital The Prison Service is responsible for automatically crediting relevant periods of remand in custody towards the sentence...

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...