What Is Credit For A Guilty Plea?

[neil8419]

What is Credit For a Guilty Plea?

[barry1010]

If a person pleads guilty early in the proceedings then he might spend less time in prison.  Plead guilty at first court appearance and get one third off the prison sentence.  The later you leave it the shorter the credit. 

 

[New Judge]

And to add that it does not only apply to prison sentences. It applies to all sentences.

Fines are reduced as are community orders. The only penalties that are not reduced (in England & Wales) are "ancilliary orders such as penalty points and disqualification periods for traffic offences (though they are in Scotland).

As barry says, a guilty plea at the earliest opportunity attracts a one-third discount. If a guilty plea is not offered at the earliest point, delay reduces the discount. If a defendant's plea is changed "at the door of the court" on trial day, the discount could be as little as 5%.

[barry1010]

Do you think the early plea credit is a good thing, NJ? For society and accused?

[Clone]

Or plead guilty to violent disorder and get off scot free

[New Judge]

"Do you think the early plea credit is a good thing, NJ? For society and accused?"

I think it has two main aims, barry.

Firstly it aims to discourage frivolous "not guilty" pleas made on the basis of "Well, I'll give it a run. I've nothing to lose." This obviously reduces the amount of court time necessary to deal with cases and removes the need for witnesses to appear in court.

Which leads neatly into the second aim. In cases of violence or intimidation, where the defendant elects to go to trial the victim is usually required to appear to give evidence. I've done some work with witnesses and I can tell you that for many of them this is an absolutely traumatic experience. Bad enough that they were assaulted. But then, aftter a delay of usually many months (during which time they may have experienced a number of adjournments, having attended court to find the trial did not proceed) they are then required to face their assailant across a courtroom. Even when "special measures" are provided (either screens in the courtroom shielding the victim from the accused or giving evidence over a video link) it is still very trying. I've been with such witnesses when they were expecting to have to give evidence, only to see the defendant change his plea at the last minute (many of them maintain their not guilty plea in the hope that witnesses do not attend, and in many cases they do not). The relief they enjoy is often beyond description.

So on balance I think it is a good incentive to get matters concluded quickly with the minimum of expense and, most importantly, as little stress on victims as possible.

For less serious mattters, such as road traffic offences where usually a fine is the only disposal, the discount on the fine is not usually the biggest incentive. If a driver declines a fixed penalty for, say, speeding, he turns down the chance to settle the matter for £100. If he goes to court and pleads not guilty but is convicted following a trial, he faces an income related fine (between half and one and a half week's net income) and a 40% surcharge on that fine, but he also faces prosecution costs in the region of £650. This turns a hundred pound penalty into £1,000 plus for most people. That's why relatively few people contest a speeding allegation. 

[barry1010]

I understand exactly the point re witnesses.  We have supported a friend through a rape trial and a family member who was a victim of a paedophile. Traumatic is the only word to describe it.

Also the huge savings in cost of the trial, both time and money, if there is a first opportunity guilty plea.

The downside is the sentence can seem lenient to the victims, and the interested general public.

[New Judge]

"The downside is the sentence can seem lenient to the victims, and the interested general public."

Indeed barry. One of the tasks for those supporting victims is to manage their expectations. Many who suffered even a minor assault (and I mean comparatively, as no assault is minor for the victim) would settle for nothing less than to see their assailant dragged from the court in chains to begin ten years hard labour. But of course it doesn't work like that and explaining the discount procedure is part of that task.

[barry1010]

Thanks, NJ.