Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Standard of proof definition

What does Standard of proof mean? The standard of proof is the level of certainty a court or tribunal must reach before treating a fact as proved. In civil proceedings, facts must be proved on the balance of probabilities (more likely than not). In criminal proceedings, guilt must be proved beyond reasonable doubt (often explained to juries as being sure). This civil/criminal distinction is consistent across England and Wales, Scotland, Northern Ireland and Ireland. The concept is a descriptive expression developed through case law and judicial directions rather than a single statutory definition, although particular statutes may specify a standard for defined decisions. Some processes use the civil...

Reduction in Sentence for Guilty Pleas: Sentencing Act 2020 s73, Sentencing Council Guideline and Case Law (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

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 before it; however, such departures should be rare in practice...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

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

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

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...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...