Defendants must be allowed legal advice before early guilty pleas, MPs say – Law Society’s Gazette

Posted June 15th, 2016 in guilty pleas, legal representation, news, plea bargaining, sentencing by sally

‘New guidelines on sentence reductions for early guilty pleas must allow defendants to obtain legal advice before deciding to plead guilty, an influential group of MPs says today.’

Full story

Law Society’s Gazette, 14th June 2016

Source: www.lawgazette.co.uk

Don’t try to defend yourself in court. But if you have to, here are some crucial tips – The Guardian

‘More people than ever seem to be defending themselves. If you do it, make sure you understand the law, know the lingo and how to play the system.’

Full story

The Guardian, 26th April 2016

Source: www.guardian.co.uk

Early guilty pleas: Justice for whom? – UK Human Rights Blog

‘New guidelines incentivising people accused of criminal offences in England and Wales to plead guilty as early as possible were proposed last week. While existing rules allow for a maximum one-third reduction in the sentence to those who plead guilty at the ‘first reasonable opportunity’, this benefit is now only available to those who plead guilty at their very first court hearing, with the available reduction falling on a steeper sliding scale thereafter.’

Full story

UK Human Rights Blog, 15th February 2016

Source: www.ukhumanrightsblog.com

Regulatory offenders could face lower fine discounts if they wait to plead guilty, says expert – OUT-LAW.com

‘Companies which face prosecution for health and safety, environmental and other regulatory breaches would have to plead guilty at an earlier stage or risk higher fines under new proposals put forward by the Sentencing Council, an expert has said.’

Full story

OUT-LAW.com, 12th February 2016

Source: www.out-law.com

Criminal courts charge introducing plea-bargaining ‘through back door’ – Law Society’s Gazette

‘The government’s criminal court charge could be introducing plea-bargaining through the back door, a leading thinktank has warned.’

Full story

Law Society’s Gazette, 1st October 2015

Source: www.lawgazette.co.uk

14 years in jail for Libor rigging? The judge makes a persuasive case – The Guardian

Posted August 5th, 2015 in banking, extradition, fraud, interest, news, plea bargaining, sentencing by sally

‘Yes, Tom Hayes was given a bigger sentence than a rapist might get – but it seems to be in keeping with sentencing guidelines and the principle of deterrence.’

Full story

The Guardian, 4th August 2015

Source: www.guardian.co.uk

The Benefits of Early Plea Discussions – CrimeLine

Posted June 18th, 2013 in fraud, news, plea bargaining, sentencing by sally

“Last month marked the fourth anniversary of the Attorney-General’s Guidelines on Plea Discussions in Cases of Serious or Complex Fraud (‘the Guidelines’)[1]. They set out the process by which a prosecutor in cases of serious or complex fraud can discuss and agree a basis of plea and joint sentencing submissions with a defendant. When they were promulgated, Baroness Scotland, the then AG said that the Guidelines were designed to help prosecutors resolve fraud cases more effectively to the benefit of the public.”

Full story

CrimeLine, 18th June 2013

Source: www.crimeline.info

Danny Nightingale case: court of appeal to rule on jailed SAS soldier – The Guardian

“An SAS soldier who was ordered to spend 18 months in a military jail for firearms offences could be freed on Thursday when his lawyers contest the sentence in a hearing at the court of appeal.”

Full story

The Guardian, 29th November 2012

Source: www.guardian.co.uk

Green light expected for deferred prosecutions – Law Society’s Gazette

“The government is expected today to give a cautious go ahead to US-style deferred prosecution agreements (DPAs) for corporate crime. A government response to a Ministry of Justice consultation held last summer is likely to to recommend changing the law to allow such deals to be struck between offending companies and the Serious Fraud Office.”

Full story

Law Society’s Gazette, 23rd October 2012

Source: www.lawgazette.co.uk

Plea bargaining: eBay justice – Halsbury’s Law Exchange

Posted May 3rd, 2012 in bribery, corruption, criminal justice, news, plea bargaining by sally

“In 2009, Zoe Pemberton, then aged ten, put her grandmother up for auction on eBay ostensibly as a joke. As part of the description she described her grandmother as ‘annoying and moaning a lot’. She also said that she was ‘cuddly’ and ‘likes word searches’. The public bid up to £20,000 until the lot was taken down. If you believe that our criminal justice system is the grandma of every common law system of the world then it seems that she is about to be auctioned off. News is that the Government intends to consult on a new plea bargaining system after big business suggested that the UK should copy the US. At the same time, amongst lawyers and commentators, opinion of the US plea bargaining system is at an all time low.”

Full story

Halsbury’s Law Exchange, 3rd May 2012

Source: www.halsburyslawexchange.co.uk

An American Model: Are we Moving Towards US Style Sentencing? – Garden Court Chambers Blog

Posted April 25th, 2012 in news, plea bargaining, sentencing, terrorism by sally

“Ali Naseem Bajwa QC considers the arguments for and against sentence discounts in terrorist cases.”

Full story

Garden Court Chambers Blog, 24th April 2012

Source: www.gclaw.wordpress.com

The Saajid Badat case: inching towards the US – Halsbury’s Law Exchange

Posted April 24th, 2012 in news, plea bargaining, terrorism by sally

“On 29 February 2005, Saajid Badat pleaded guilty to a terrorist conspiracy to destroy, damage or endanger the safety of an aircraft. Badat admitted that in 2001 he had conspired with ‘the shoe bomber’ Richard Reid and a Tunisian, Nizar Trabelsi, in a plot simultaneously to act as suicide bombers in order to blow up two airliners bound for the US. For two months following his plea, Badat assisted UK investigators; however, he held back on a good deal of information.”

Full story

Halsbury’s Law Exchange, 23rd April 2012

Source: www.halsburyslawexchange.co.uk

Plea bargain-style laws to be consulted on in summer, Government says – OUT-LAW.com

Posted April 23rd, 2012 in consultations, corruption, fraud, news, plea bargaining by sally

“Legislation to set out a framework that would allow businesses and prosecutors to negotiate punishments for criminal activity is being drafted and will be consulted on in June, according to a Sunday newspaper.”

Full story

OUT-LAW.com, 23rd April 2012

Source: www.out-law.com

Laws on deferred prosecution agreements to be consulted on next year – OUT-LAW.com

“The Serious Fraud Office (SFO) has backed plans to introduce plea bargaining in fraud cases in a bid to reduce the cost of investigations and encourage businesses to self-report. It has said that it supports the passing of new laws to make that process possible.”

Full story

OUT-LAW.com, 6th December 2011

Source: www.out-law.com

Negotiated justice? Pressure grows to bring plea bargaining into UK fraud cases – Legal Week

Posted October 31st, 2011 in fraud, news, plea bargaining, prosecutions by sally

“After years of debate – and despite a hostile judiciary – pressure is building to bring plea bargaining into UK fraud prosecution. But don’t expect an easy ride, says Kingsley Napley’s Michael Caplan QC.”

Full story

Legal Week, 27th October 2011

Source: www.legalweek.com

Plan for 50% sentence discount ‘will offend’ victims – BBC News

Posted April 11th, 2011 in guilty pleas, news, plea bargaining, sentencing by sally

“Plans which could see criminals’ sentences cut by up to a half if they plead guilty quickly have been attacked as putting ‘efficiency over justice’.”

Full story

BBC News, 10th April 2011

Source: www.bbc.co.uk

Court of Appeal rules on plea bargain sentencing – Law Society’s Gazette

Posted May 21st, 2010 in fraud, news, plea bargaining, sentencing, suspended sentences by sally

“White-collar criminals sentenced to a year or less in jail should have their sentences suspended if they cooperate fully with related fraud investigations, the Court of Appeal ruled last week.”

Full story

Law Society’s Gazette, 20th May 2010

Source: www.lawgazette.co.uk

Judge says plea deal tied his hands over fine for corrupt firm – The Guardian

Posted March 27th, 2010 in bribery, corruption, fines, news, plea bargaining, Serious Fraud Office by sally

“A senior judge today criticised the Serious Fraud Office for striking plea bargains which let off corrupt companies too lightly.”

Full story

The Guardian, 26th March 2010

Source: www.guardian.co.uk

Fewer rape convictions because plea bargains prevail, report suggests – The Guardian

Posted March 22nd, 2010 in news, plea bargaining, rape, reports, sexual offences by sally

“Hundreds of convictions gained in rape cases are actually for lesser offences, official figures reveal.”

Full story

The Guardian, 20th March 2010

Source: www.guardian.co.uk

Regina v Whittle; Regina v Allison; Regina v Brammar – Times Law Reports

Posted November 27th, 2008 in law reports, plea bargaining, price fixing, sentencing by sally

Regina v Whittle; Regina v Allison; Regina v Brammar

Court of Appeal (Criminal Division)

“Minimum sentences agreed by United Kingdom employees admitting cartel offences in a plea agreement with the United States authorities and substituted on appeal were not to be treated as guidelines.”

The Times, 27th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.