C2C3Part 12Sentencing
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))
C1 Chapter 1General provisions about sentencing
Pt. 12 Ch. 1: power to amend conferred (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 4(3), 153; S.I. 2009/3074, art. 2(d)
Matters to be taken into account in sentencing
I1144Reduction in sentences for guilty pleas
1
In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court, a court must take into account—
a
the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and
b
the circumstances in which this indication was given.
2
In the case of an offence the sentence for which falls to be imposed under F1a provision mentioned in subsection (3), nothing in F3that provision prevents the court, after taking into account any matter referred to in subsection (1) of this section, from imposing any sentence which is not less than 80 per cent of that specified in F3that provision.
F23
The provisions referred to in subsection (2) are—
section 1A(6)(a) of the Prevention of Crime Act 1953;
section 110(2) of the Sentencing Act;
section 111(2) of the Sentencing Act;
section 139AA(8)(a) of the Criminal Justice Act 1988.
4
In the case of an offence the sentence for which falls to be imposed under a provision mentioned in subsection (5), nothing in that provision prevents the court from imposing any sentence that it considers appropriate after taking into account any matter referred to in subsection (1) of this section.
5
The provisions referred to in subsection (4) are—
section 1A(6)(b) of the Prevention of Crime Act 1953;
section 139AA(8)(b) of the Criminal Justice Act 1988.
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4