Plea in mitigation Flashcards
What is a plea in mitigation?
A submission to persuade the court to provide the most lenient possible sentence it can be reasonably expected to give for that offence
What’s step 1 in plea of mitigation?
Reminding the court that a sentence must be proportionate to the seriousness of the offence bearing in mind D’s culpability and any potential harm from offence
What is step 2 for plea in mitigation?
Sentencing guidelines: Identify the starting point for sentence and range of sentences available
What is step 3 for plea in mitigation?
Consider the aggravating and mitigating factors
What is step 4 for plea in mitigation?
If there’s multiple offences, explain why the sentences should be concurrent e.g. offences arose out of the same incident/facts
What is a concurrent sentence?
Sentences for different offences served at the same time
What is step 5 for a plea in mitigation?
Remind the court of credit for guilty plea
What are 3 appropriate credits for guilty plea and what are their relevant timescales?
1/3 - D pleads guilty at first reasonable opportunity
1/4 - D pleads guility after a trial date is set
1/10 - D pleads guility after trial has begun “at the door of the court”
What is step 6 for a plea in mitigation?
Recommending an appropriate sentence, considering steps 1-5