PART 3CASE MANAGEMENT
PREPARATION FOR TRIAL IN THE CROWN COURT
Application for indication of sentence3.31
1
This rule applies where a defendant wants the Crown Court to give an indication of the maximum sentence that would be passed if a guilty plea were entered when the indication is sought.
2
Such a defendant must—
a
apply in writing as soon as practicable; and
b
serve the application on—
i
the court officer, and
ii
the prosecutor.
3
The application must—
a
specify—
i
the offence or offences to which it would be a guilty plea, and
ii
the facts on the basis of which that plea would be entered; and
b
include the prosecutor’s agreement to, or representations on, that proposed basis of plea.
4
The prosecutor must—
a
provide information relevant to sentence, including—
i
any previous conviction of the defendant, and the circumstances where relevant, and
ii
any statement of the effect of the offence on the victim, the victim’s family or others; and
b
identify any other matter relevant to sentence, including—
i
the legislation applicable,
ii
any sentencing guidelines, or guideline cases, and
iii
aggravating and mitigating factors.
5
The hearing of the application—
a
may take place in the absence of any other defendant; and
b
must be attended by—
i
the applicant defendant’s legal representatives (if any), and
ii
the prosecution advocate.