Crosswords1 min ago
Awaiting a date for trial
Hi. Does anyone know the average time that someone spends on remand? I know it does vary a lot. He started out pleading not guilty while awaiting trial but has just changed to a plea of guilty. Would this speed a date for trial up at all? I don't know specifics as am enquiring for a friend but am looking to find out how long he is likely to be on remand for and when he will receive a date for trial now he has changed his plea? Many thanks
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If the defendant has entered a guilty plea there won't be a trial.
He'll no longer be an unconvicted remand prisoner but a convicted prisoner, held 'on judge's remand', awaiting a sentencing hearing.
Since the CPS no longer have to complete the preparation of their trial documents, and his defence team no longer need to prepare a defence, all that is left now is for the preparation of pre-sentencing reports from the probation service (and from any other source which the judge has called upon, such as a psychiatrist) and for his defence team to ensure that they are ready to present any mitigating factors (and/or character references). That's likely to take around 4 to 6 weeks.
Chris
He'll no longer be an unconvicted remand prisoner but a convicted prisoner, held 'on judge's remand', awaiting a sentencing hearing.
Since the CPS no longer have to complete the preparation of their trial documents, and his defence team no longer need to prepare a defence, all that is left now is for the preparation of pre-sentencing reports from the probation service (and from any other source which the judge has called upon, such as a psychiatrist) and for his defence team to ensure that they are ready to present any mitigating factors (and/or character references). That's likely to take around 4 to 6 weeks.
Chris
Hi. Thanks for your response. That is very helpful. Do you know when he will actually receive the date for the sentencing hearing? Approx of course. I take it you mean that the sentencing itself will take place in roughly 4-6 weeks but when will he actually receive the news of when that date will be? I don't know how long in advance he will know when his sentencing hearing is going to take place? Many thanks again.
Thanks for your reply.
I'm rather surprised that the court has not already set a date for sentencing. That's often done when the guilty plea is submitted. Otherwise the court will be asked to list the case as soon as the reports have been prepared. The delay from that point is hard to guess because court delays vary widely across the country but the offender is likely to have at least a couple of weeks advance notice of the sentencing date.
Chris
I'm rather surprised that the court has not already set a date for sentencing. That's often done when the guilty plea is submitted. Otherwise the court will be asked to list the case as soon as the reports have been prepared. The delay from that point is hard to guess because court delays vary widely across the country but the offender is likely to have at least a couple of weeks advance notice of the sentencing date.
Chris
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