#4731 - Procedure Btwn Conviction And Sentence - BPC Criminal Litigation (formerly BPTC) 2024/2025

PROCEDURE BETWEEN CONVICTION & SENTENCE Indication of Sentence Before plea entered Judge retains discretion to refuse to give indication * Judge only gives indication on whole indictment (cannot "plea bargain") * Indication should be confined to maximum sentence if plea of guilty at this stage Must be sought by Defendant - Defence counsel must have Defendant's written authority to request indication ("written basis of plea") * If no written basis of plea, judge should refuse to give indication Advocate must ensure that Defendant fully appreciates that: * He should not plead guilty unless he is guilty, and * AG may refer an unduly lenient sentence to COA * Credit given for pleading guilty rather than being found guilty Once indication given, binding on Judge (and any subsequent judge who becomes responsible for case) * After reasonable opportunity to consider indication, if Defendant does not plead guilty, the indication ceases to have effect * Fact that Defendant sought an indication is inadmissible in subsequent trial Adjournment Power to adjourn between conviction and sentence. Purpose of adjournment: * For Pre-Sentence Report, or * Defendant 1 pleaded guilty - adjourn until end of Defendant 2's trial, so sentence together. * joint-offenders should be treated consistently in sentencing * any differences must be justified by differing degree of involvement or differences in their records * Advantage: Judge hears evidence at Defendant 2's trial before sentencing Defendant 1. Keeping Sentencing Options Open Before adjournment - court should avoid saying anything which might create a legitimate expectation in Defendant's mind of certain type of sentence (or of not getting certain type of sentence) * ie. saying anything in the nature of an express/implied promise If do say something - bound by it. Length of Adjournment Magistrates Court: Max 3 weeks (Defendant in custody), 4 weeks (Defendant on bail) Crown Court: usually adopts same periods Bail s4 right applies * unless Defendant committed to Crown Court for sentence - discretion. Same grounds for refusal + where adjournment is for purpose of preparing a report and this would be impracticable if Defendant at liberty Can grant bail with condition that Defendant be available for interviews etc so report can be compiled Pre-Sentence Report Independent reports - usually prepared by probation officers or (if Defendant under-18) a social worker or member of the youth offending team Usually in writing - If Defendant over-18, court may allow oral Pre-Sentence Report When Required Required if Court considering: * community sentence, or * custodial sentence Unless * Defendant is an adult and court decides Pre-Sentence Report is "unnecessary" (ie. long trial, judge knows necessary info), or * Defendant is a juvenile and Court decides Pre-Sentence Report "unnecessary" and there is a previous Pre-Sentence Report available Preparation of the Pre-Sentence Report Contents: * Info about offence, * Factors in the commission of offence relevant to seriousness * Defendant's attitude to the offence * Background information about Defendant, * Assessment of the likelihood of Defendant re-offending * proposals for appropriate sentence, * particularly if considers community sentence suitable * May consider what form of community order would best assist with the rehab of Defendant Sources: * Interview with Defendant * Visits at Defendant's home, conversations with family members