Sentencing - Location Flashcards
Why might D sentencing be adjourned?
- Lack of time
- need for further info
- a pre-sentence report is required
- either party wishes to present further material
How long can the Mags court adjourn for sentence?
- 4 weeks if D is on Bail
- 3 weeks if D is in custody
Adjournment may occur more than once
What is a s.14 SA 2020 used for?
When mags conclude their powers are insufficient, they can commit and either-way offence for sentence to the Crown Court
What is s.18 SA 2020 used for?
Where D pleads guilty to an either-way offence, but is also being sent to the Crown for trial on related indictable offences, and sentencing is deferred to combine both matters.
What is s.20 SA 2020 used for?
When a D is already being committed for sentence and there are related offences (even summary only) that should be dealt with together in the Crown Court.
What is a goodyear indication?
A crown court judge’s indication of the likely sentence if D pleads guilty, prior to verdict. Giving this indication is discretionary by the judge
What must be in place before a Goodyear indication is requested?
- A settled factual basis - prosecution facts or agreed basis of plea
- D must give clear instruction to request an indication
What form can a Goodyear indication take?
- ‘same sentence whether guilty plea or conviction’
- ‘maximum sentence if guilty plea now’
Is a Good year indication binding?
Yes - for a reasonable period of time on:
- The judge who gave it
- any other judge, unless guidelines or case law change
What happens if D chooses not to plead guilty after a Goodyear indication?
- The trial proceeds as normal
- the fact that a guilty plea was considered is not disclosed to the jury
