What does Indications on sentence mean? A judge’s indication, given to assist a defendant’s plea decision, of the likely maximum sentence on a guilty plea (commonly called a Goodyear indication in England and Wales). It is sought by the defence, given in open court, and normally follows an agreed or clarified basis of plea and the prosecution’s outline of facts. The judge may indicate the maximum custodial term or whether custody would be imposed on a guilty plea, but must not negotiate, predict a sentence after trial, or give an indication where material facts are disputed. If the defendant pleads guilty immediately in reliance on the...
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Judicial independence is the bedrock of the rule of law. The criminal justice system’s integrity rests on hearings that are open, fair, and decided by a tribunal that is both independent and impartial. Alongside those core tenets sits the imperative that justice is delivered promptly, and with that comes an accepted place for plea discussions. A prospective indication of the likely sentence forms part of that framework. The value of receiving such an indication early is that a defendant can reach a more informed view on whether to enter a guilty plea. The Attorney General’s guidelines on accepting pleas stress transparency in the administration of justice and, in particular, prescribe a structured method for giving sentence indications in the Crown Court. These are commonly referred to as ‘Goodyear indications’. The Court of Appeal, in R v Goodyear, promulgated guidance that effectively introduced a formal procedure for advance sentence indications. That guidance now appears in paragraph 9.4 of the Criminal Practice Directions 2023. Its purpose is to guard against any real or perceived judicial pressure on a defendant. It preserves independence while facilitating transparent, timely plea dialogue...
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...
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 ...
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 ]...