R v Goodyear
A judge may, at the defendant's request, give an advance indication of the maximum sentence that would be imposed if the defendant pleaded guilty at that stage, subject to strict safeguards.
Facts
Mr Goodyear was charged with corruption offences. Before deciding whether to plead guilty, he asked the judge to indicate the sentence he would receive if he did so. Under the earlier law, laid down in R v Turner, judges were not permitted to indicate the sentence they would impose on a guilty plea, except to say that the sentence would take the same form whether the defendant pleaded guilty or not. The Court of Appeal took the opportunity to review the law.
Legal principle
The Court of Appeal held that a judge may give an advance indication of sentence, if requested by the defendant. Lord Woolf CJ said that the judge should not give an indication unless one has been sought by the defendant, that the indication should be the maximum sentence which would be imposed if a guilty plea were tendered at that stage, and that, once given, it is binding on the judge and any other judge who becomes responsible for the case. The defendant must be free to decide whether to plead guilty, and the process must not put pressure on him. The prosecution must not agree to any sentence, and the indication must be given in open court, with the defendant present.
Related cases on trial, pleas, juries and sentencing
- Attorney General v Dallas [2012] EWHC 156 (Admin), [2012] 1 WLR 991
- Attorney General v Fraill [2011] EWCA Crim 1570, [2012] 1 Cr App R 1
- Bushell's Case (1670) Vaughan 135
- R v Abdroikov [2007] UKHL 37, [2007] 1 WLR 2679
- R v Caley [2012] EWCA Crim 2821
- R v Galbraith [1981] 1 WLR 1039
- R v Karakaya [2005] EWCA Crim 346, [2005] 2 Cr App R 5
- R v Mirza [2004] UKHL 2, [2004] 1 AC 1118
Studying criminal procedure? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
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.
