Wood Green Crown Court Early Guilty Plea Scheme Protocol (July)

WOOD GREEN CROWN COURT – EARLY GUILTY PLEA SCHEME – PROTOCOL (JULY)

Objective

1. The objective of the early guilty plea (EGP) scheme is to provide a procedure whereby cases may be brought before Wood Green Crown Court (WGCC) for an early hearing at which both arraignment and sentence will take place. Cases which plead guilty at an EGP will qualify for the maximum appropriate sentence reduction (see Para 6 below). Cases that plead guilty at later hearings will receive lesser reductions in sentence (See Para 6 below).

Timing

2. From Monday 11 June 2012 all cases (except Op Withern cases – see Para 7 below) following the committal path to WGCC will be eligible for the Early Guilty Plea scheme to be run at WGCC. From that day cases coming before the Magistrates courts will be reviewed by the Crown Prosecution Service (CPS) to establish whether the strength of the case is such that the CPS believes an early plea of guilty hearing may be appropriate. An EGP hearing may be sought by either the Prosecution or the Defence. The scheme is designed to get such cases before WGCC for an EGP hearing at which arraignment and sentence will take place.

Procedures

3. Cases committed under S6 of MCA 1980

(i) Cases identified before or at Committal as suitable for EGP by the CPS and by the Defence. The Magistrates will commit the case to an EGP hearing 28 days after the date of the committal hearing in both bail and custody cases. The Magistrates will also list a PCMH 42 days after the date of the committal hearing. At the committal hearing the Defence may make any representations about a report for sentencing purposes. Magistrates will decide whether to order a report (either PSR or FDR) having regard to the nature of the case and the guidance at Annex A to this protocol. If a report is not ordered then the Defence may make representations about the need for a report to WGCC within seven days of the committal hearing.

(ii) Cases identified before or at Committal by the CPS but not agreed suitable for EGP by the Defence. In cases where the defence does not agree an EGP hearing is suitable or is undecided the Magistrates will, at CPS request, commit the matter to an EGP hearing 28 days after the committal date with a PCMH date 42 days after the committal date . It is not appropriate that a report should be ordered in such cases. The Defence, within 15 days from the date of committal hearing, must write to the court (WGCC) and to the CPS either to request that the EGP hearing be cancelled or to state that a Guilty plea will be entered at the EGP. Any request for cancellation should include confirmation that the Defendant has provided instructions that will result in a not guilty plea; the statement that a Guilty Plea will be entered should be accompanied by any representations about the need for a report. The statement should state clearly to which offences the defendant intends to plead guilty and any basis of plea put forward. When the EGP is cancelled the case will then be listed for a PCMH on the due date and the statutory time limits for the service of the Defence Statement will apply.

(iii) Cases identified by the Defence after the committal hearing. The Defence may indicate a wish to enter the EGP scheme at any stage prior to the committal hearing. . However after the committal hearing such a request must be made no later than the expiry of 15 days from the date of service of Committal Papers/Initial Disclosure. The request for such a hearing should be made to WGCC and the CPS and should be accompanied by any representation considered appropriate about the need for a report. The request should state clearly to which offences the defendant intends to plead guilty and any basis of plea put forward.

(iv) Cases not identified at committal as suitable for an EGP hearing. Magistrates will commit such cases to WGCC for a PCMH 42 days after the date of the committal hearing.

4. Cases committed at the Plea before Venue (PBV) hearing

A small but growing number of cases are committed direct to WGCC from the PBV hearing when the Defence request at PBV that an immediate s. 6 committal be made on the basis of papers already served as Initial Details of Prosecution Case (formerly known as advance information) under part 21 of the CrimPRs. Magistrates will commit these cases to WGCC (bail and custody) for a Preliminary Hearing (PH) 7 days from the date of the PBV/committal hearing. At the PH at WGCC the CPS and /or the Defence may seek an EGP hearing. Arraignment and sentence may take place at this PH as currently happens with a number of cases sent under S51; arraignment may take place and a report may be ordered for a sentence date. Such cases will qualify for full sentence discount as in formal EGP cases.

(i) Cases identified before or at PH as suitable for EGP by the CPS and by the Defence. WGCC will set a date for the EGP and will decide whether a report is necessary.

(ii) Cases identified before or at PH by the CPS but not agreed suitable for EGP by the Defence. WGCC will set a date for the service of Papers/ID, a date for the EGP hearing and a PCMH date. The Defence, within 15 days from the service of papers/date must write to the court (WGCC) and to the CPS either to request that the EGP hearing be cancelled or to state that a Guilty plea will be entered at the EGP. Any request for cancellation should include confirmation that the Defendant has provided instructions that will result in a not guilty plea; the statement that a Guilty Plea will be entered should be accompanied by any representations about the need for a report. The statement should state clearly to which offences the defendant intends to plead guilty and any basis of plea put forward. When the EGP is cancelled the case will then be listed for a PCMH on the due date and the statutory time limits for the service of the Defence Statement will apply.

(iii) Cases identified by the Defence after PH. An EGP hearing will be listed at the request of the Defence to WGCC and to the CPS at any stage following the PH hearing until 15 days after the date of service of papers/ID. Such a request should be accompanied by any representations on the need for a report. The request should state clearly to which offences the defendant intends to plead guilty and any basis of plea put forward.

(iv) Cases not identified at PH as suitable for an EGP. At the PH WGCC will set down a date for the service of papers/ ID and a subsequent PCMH.

5. Cases sent under S51 CDA 1998

These cases both bail and custody will, as now, be sent to WGCC for a PH seven days from the date of the Magistrates first hearing. Arraignment and sentence may take place at this PH as currently happens; similarly arraignment may take place and a report may be ordered and a sentence date set. Such cases will qualify for full sentence reduction as in formal EGP cases.

(i) Cases identified before or at PH by the CPS and agreed suitable for EGP by the Defence. WGCC will set a date for the EGP and will decide whether a report is necessary.

(ii) Cases identified before or at PH by the CPS but not agreed suitable for EGP by the Defence. WGCC will set a date for the service of papers/ID, a date for the EGP hearing and a PCMH date. The Defence, within 15 days from the service of papers/date must write to the court (WGCC) and to the CPS either to request that the EGP hearing be cancelled or to state that a Guilty plea will be entered at the EGP. Any request for cancellation should include confirmation that the Defendant has provided instructions that will result in a not guilty plea; the statement that a Guilty Plea will be entered should be accompanied by any representations about the need for a report. The statement should state clearly to which offences the defendant intends to plead guilty and any basis of plea put forward. When the EGP is cancelled the case will then be listed for a PCMH on the due date and the statutory time limits for the service of the Defence Statement will apply.

(iii) Cases identified by the Defence. An EGP hearing will be listed at the request of the Defence at any stage following the PH hearing until 15 days after the date of service of papers/ID. Such a request should be accompanied by any representation on the need for a report. The request should state clearly to which offences the defendant intends to plead guilty and any basis of plea put forward.

(iv) Cases not identified at PH as suitable for EGP. At the PH WGCC will set down a date for the service of papers/ID and a subsequent PCMH.

Sentence Reductions

6. As a result of the introduction of the EGP scheme the Sentencing Guidelines Council Definitive Guideline for “Reduction in Sentence For a Guilty Plea” (hereafter the Guideline) will be applied as follows:

(i) Any defendant who does not plead guilty at the EGP hearing or who cancels an EGP hearing but who pleads guilty at a later hearing will not receive maximum credit for that Plea unless a successful submission is made that the EGP hearing was not the first reasonable opportunity for the defendant to have pleaded guilty.

(ii) There is a presumption that a plea of guilty at the EGP hearing is the first reasonable opportunity to enter a guilty plea and a one third reduction in sentence. Cases that are indicated as guilty pleas either at the committal hearing or where an EGP hearing is requested within fifteen days of the service of ID will qualify for one third reduction.

(iii) The one third reduction may be itself be reduced to 20% where Para 5.2 to 5.5 of the Guideline applies (The "overwhelming prosecution case" provision).

(iv) The one third reduction may be affected by the considerations set out in Annex 1 of the Guideline. This Annex gives guidance as to identifying the “first reasonable opportunity for the defendant to have indicated a willingness to plead guilty”. It points out, inter alia, that in some cases this may mean an indication of a willingness to plead guilty, for instance , in interview or at some earlier hearing.

(v) A plea of guilty at PCMH will receive a reduction of 25%. Later pleas of guilty will have lesser reduction see the Guidelines Paras. 4.1 to 4.3.

Op Withern Cases

7. The diminishing number of Op Withern cases will continue to run to their separate and distinct procedures and timings and will remain subject to the same practice for sentence reductions as at present. In due course a decision will be taken to include these cases in the EGP procedures set out above.

PLEASE SEE ANNEXES BELOW.

ANNEX A GUIDANCE ON THE NEED FOR REPORTS

ANNEX B OBSERVATIONS ON COMMUNICATION BETWEEN PARTIES

ANNEX C TIME LINES FOR THE PROCESSING OF CASES

NOTES

ANNEX A

1. This guidance should be considered at magistrates and crown courts when ordering an EGP hearing

2. The following questions may assist the decision process.

Is a report necessary at all?

If a report is necessary should it be a PSR or an FDR?

If a report is necessary has there been a PSR or FDR on this Defendant in the last 12 months?

If there has been any report in the last twelve months is there any need for either a fresh report or and update?

3. To assist in answering these questions the following factors are set out.

It will usually be appropriate to order a report where.

(in some of these cases a recent report may be sufficient)

The Defendant is 17 and under

The Defendant is under 21 and is a first time offender/has not served a prison sentence

The Defendant falls to be assessed for “dangerousness” (Schedule 15 cases)

It will not usually be appropriate to order a report (or have a recent report available) in the cases where.

The Defendant has a previous prison sentence/s

The Defence have asked for report to assist in determining the “length of sentence”

Supply of Class A offences

False passport/ID docs

3rd Strike Burglary

Cultivation of Cannabis

Offences in Breach of a Suspended Sentence Order

High Level Frauds (in excess of £100K)

“Custody inevitable” cases where dangerousness is not a consideration and Defendant is not under 18 (cf “length of sentence” cases)

4. The timely preparation of reports, when reports are essential, is central to the EGP scheme. If ordered reports are not available at EGP hearing much of the benefit of the system is lost. Accordingly when Magistrates courts consider the need for reports they should record their decision as "PSR"or "FDR" or "No Report." This will ensure, at later hearings, that it is clear that the court did indeed consider the need for a report and what its decision was. In like manner CPS and Defence should assume a duty to assist the magistrates by ensuring that the decision is addressed and should note their files. Where a report has been ordered Defence solicitors should be alert to check with and ensure that Probation has indeed been made aware of the need for the report and that they have the Defendants details. Solicitors will also be aware of the ability to make representations to WGCC in any particular case where a decision has been made that no report is required or where court has not been asked to make such a decision.

ANNEX B

The experience of the EGP pilots is that the scheme works best if communications between the defence, CPS, probation service and courts are instantaneous or near instantaneous.

The use of post, DX and to a lesser extent fax, requires post to be collected and sorted, for administrators to link correspondence to files and for files to be allocated for consideration of the correspondence. Letters are more formal so take longer to draft and there is a lack of certainty of receipt which encourages duplicate correspondence to be sent. Duplicate correspondence also requires to be linked and processed, wastes finite resources and thus slows the process still further. In EGP cases, where timetables are demanding, slow, wasteful or ineffective communications will impede the scheme.