R v Caley

The reduction in sentence for a guilty plea depends on the stage at which the plea is indicated, and a defendant who delays pleading to see how strong the prosecution case is will receive a smaller reduction.

Citation
[2012] EWCA Crim 2821
Court
Court of Appeal (Criminal Division)
Year
2012
Subject
Criminal Procedure
Topic
Trial, pleas, juries and sentencing

Facts

In several appeals, defendants who had pleaded guilty argued that they had not received the full reduction in sentence for their guilty pleas, under the guideline then in force, which provided for a reduction of up to one third for a plea at the first reasonable opportunity, reducing to one tenth for a plea at the door of the court. Some defendants argued that they had not pleaded earlier because they needed to see the evidence or obtain legal advice.

Legal principle

Hughes LJ, giving the judgment of the court, said that the reduction for a guilty plea is given because it saves the cost and time of a trial and spares victims and witnesses from giving evidence, not as a reward for remorse, and that the first reasonable opportunity for a plea is normally the first occasion when the defendant appears before the court and has the opportunity to plead guilty, provided that he has had legal advice. A defendant who delays his plea until he has seen the strength of the prosecution evidence, when he knows whether he is guilty, cannot expect the maximum reduction. The approach was reflected in the Sentencing Council's guideline on reduction in sentence for a guilty plea issued in 2017.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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