England: early guilty pleas to guarantee shorter sentences

The council said its plans, currently out for consultation, would spare victims the trauma of trial.

Under the draft guidelines a one-third reduction could be made for offenders who offer a guilty plea the first time they are asked to in court; a one-fifth reduction for those who plead guilty before trial; a one-tenth reduction for those who plead guilty on the first day of trial and zero for those who wait part-way through their trial to make a guilty plea.

And no reduction would be available to a person who pleaded guilty to murder if the judge thought they should be handed a full life term.

The council acknowledged that making the one-third rule mandatory for offenders who plead guilty at the first opportunity was an “erosion of judicial discretion”.

Chairman of the Criminal Bar Association, Mark Fenhalls QC, said the interests of the victim have to be balanced with the defendant’s rights.

“There has to be a proper balance between the interests of the public, victims and the rights of defendants to fair process, without undue pressure being placed on defendants who are often vulnerable.

“Defendants who plead guilty early must always receive more credit than those who game the system.

“But guidelines must not become straitjackets that prevent judges from making the right decision in individual cases.”

A Ministry of Justice spokesman said: “The changes in the consultation would lead to stricter sentences as those pleading guilty later in the process will get a smaller reduction.

“There would be no change to the reduction for those pleading guilty at the earliest point in the process.

“Following the spending review, there is no financial need to cut prison numbers over the next five years. Protecting the public will always be our top priority.”

Parliament established the Sentencing Council to promote consistency in the practice of sentencing. The Scottish Sentencing Council was established last October for the same purpose.