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.