Plea in Mitigation meaning

How a sentence is reached When passing sentence, the court typically weighs the statutory sentencing range, the relevant Sentencing Council (SC) guidance—including any offence‑specific guideline—the overarching guidance, and sentencing authorities from the Court of Appeal. The SC’s offence‑specific or general guideline provides a mandatory step‑by‑step method the court must apply. See Practice Notes: Sentences imposed following conviction and Sentencing Council General Guideline—Overarching Principles. In most cases the court will consider: the appropriate starting point within the Sentencing Guidelines any aggravating features of the offence mitigation and the defendant’s personal circumstances any discount for a guilty plea whether the offender is dangerous and presents a significant risk of harm through further specified offences any suitable ancillary orders the totality of the sentence to ensure proportionality to the offending behaviour Mitigation The SC’s guidelines, together with the general guideline, contain non‑exhaustive examples of mitigating factors that may lead the court to reduce the sentence...

Once a defendant is found guilty of a criminal offence by a court in England and Wales, the court then considers what sentence should follow. See Practice Notes: Sentencing procedure in the magistrates’ and Crown Courts and Sentencing Code. This Practice Note outlines the purpose and reach of mitigation advanced on behalf of convicted defendants in England and Wales to lessen the sentence imposed by the court... Factors determining sentence Sentencing courts must have regard to any matters that, in the court’s opinion, are relevant in mitigation of sentence. Mitigation covers any element of a case that reduces the seriousness of the sentence to be passed, whether affecting its length or its type. By contrast, aggravating factors are those that increase the severity of the sentence. Before reaching conclusions for the purpose of imposing certain sentences, the court is required to consider both aggravating and mitigating factors linked to the circumstances of the offence and any associated offence. For these purposes, the court should obtain a pre-sentence report...

For details on the scope of sentencing powers in Scottish courts, consult Practice Note: The jurisdiction and sentencing powers of Scottish criminal courts. For guidance on criminal procedure across Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. When addressing sentencing in matters arising from regulatory breaches, a court may need to pass sentence both on an organisation and on individuals linked to the wrongdoing. Certain practices, procedural steps and sentencing factors tend to apply to both natural and legal persons, whereas others are necessarily distinct or of no relevance. Throughout this Practice Note, the expression ‘the offender’ is used, and only where needed is a distinction drawn between organisations and individuals. Prior to sentencing In solemn proceedings, the court lacks the power to pronounce sentence unless the Crown has made a motion to do so. The prosecutor must invite the court to sentence using the words: ‘I move for sentence’. Where an offender’s previous convictions are put before the court, the prosecutor is...

This Practice Note outlines when a convicted defendant can obtain a lesser sentence by entering a guilty plea, in line with section 73 of the Sentencing Act 2020 (SA 2020), known as the Sentencing Code, and the Sentencing Council’s overarching guideline on reductions for a guilty plea. It identifies the relevant statutory route and complementary guidance applied by the courts. Basis for giving credit for an early guilty plea The court may lower the sentence it would otherwise impose to recognise that the offender has admitted the offence, and to reflect the plea itself as a formal acceptance of guilt. The level of credit depends on the point at which the defendant indicates the plea, judged by the stage reached in the proceedings. At most, a one‑third reduction is available in criminal cases, as a ceiling. In truly exceptional matters, the court may depart from the statutory regime in SA 2020, s 73, since it retains a discretion to achieve justice on the specific facts...