Sentence Indications

Question 1

What are sentence indications?

Answer 1

A statement made by a judge to an accused about the accused the sentence they could face if they plead guilty to an offence. They apply for both indictable and summary offences.

Question 2

What are the purposes of sentence indications?

Answer 2

• To encourage an early guilty plea, as it gives the accused clarity on the likely sentence being impose
• Bring a early closure for victim and court

Question 3

What do sentence indications rely on?

Answer 3

1. Whether the accused has already applied for one
2. For indictable offences, whether it has already been given or if the prosecution has consented
3. Type of offence and court
4. Sufficient information
5. Strength of the evidence against the accused
6. Nature of offence

Question 4

How do sentence indication uphold fairness?

Answer 4

• Accused is more informed to make a decision on whether to plead guilty
• Reduces the likelihood of a delayed guilty plea.
• Prevent stress and anxiety on victims/witnesses and a mid-trial change of plea
• Sentence indication cannot be used as evidence

Question 5

How do sentence indictation uphold equality?

Answer 5

Person characteristics not relevant income, gender etc doesn’t affect whether a sentence indication is given

Question 6

How do sentence indications limit equality?

Answer 6

Not available to all accused persons, judge can refuse

Question 7

How do sentence indications uphold access?

Answer 7

• Saves courts resources
• Earlier guilty pleas reduce delay in trials and workload

Question 8

How do sentence indications limit access?

Answer 8

Denies victims their day in court as victim impact statements are now not needed in sentencing