GLOSSARY

Basis of plea definition

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What does Basis of plea mean?

An agreement as to the factual basis on which the defendant pleads guilty, subject to the approval of the court. A basis of plea may or may not differ from the factual basis of the Crown’s case.

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Starting an appeal in the Court of Appeal Criminal Division (CACD)

Starting an appeal in the Court of Appeal Criminal Division (CACD) STOP PRESS: The Police, Crime, Sentencing and Courts Act 2022, Part 7 makes amendments to the sentencing provisions discussed in this Practice Note. These amendments came into force on 28 June 2022. This Practice Note is being updated to reflect this change. This Practice Note focuses on appeals against conviction and sentence and other orders made to the Court of Appeal Criminal Division (CACD) under the rules'>Criminal Procedure Rules 2020 (CrimPR), SI 2020/759, Pts 36 and 39. It also considers applications by the Attorney General under section 36 of the Criminal Justice Act 1972 or section 36 of the Criminal Justice Act 1988 (CJA 1988). It explains the process of commencing an appeal by way of making an application for leave to appeal lodged directly with the Court of Appeal. For further information on obtaining certificates certifying a case is fit for appeal from the Crown Court, see Practice Note: Criminal appeals—certificates of fitness to appeal from the Crown Court. For detailed guidance on the progress and conduct of an appeal in the CACD, see Practice Note: Conducting an appeal in the Court of Appeal Criminal Division (CACD). When can an appeal be made to the Court of Appeal? An appeal can only be made to the CACD, if the defendant has been convicted in the Crown Court. For information on

Written basis of plea and Newton hearings

Written basis of plea and Newton hearings When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction in sentence for a guilty plea expressly limits the ability to claim credit where the defendant's plea has been followed by a Newton hearing at which the defendant's version of events have been rejected. The overarching guidelines state: '...the reduction which would have been available at the stage of proceedings the plea was indicated should normally be halved. Where witnesses are called during such a hearing, it may be appropriate further to decrease the reduction.' Practitioners therefore should always consider carefully any basis of plea and be aware of the potential impact an unsuccessful Newton hearing may have on any expected credit. Practitioners should also ensure that they advise their clients on both of these matters before any plea is entered and that a detailed record of these discussions is made. Note that before entering a plea of guilty, a defendant may seek an indication of sentence under the procedure set out in R v Goodyear, see Practice Note: Indications on sentence. Procedure in a written basis of plea The basis of plea agreed by

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Oil services giant Petrofac pleads to failing to prevent bribery indictment

Law360, London: British oil services company, Petrofac Ltd pleaded guilty on 1 October 2021 at Southwark Crown Court to seven counts of failing to prevent its employees in the Middle East from using bribes to win billions of dollars in contracts. The company admitted that its employees paid out US$44m in bribes between 2011 and 2017 to win contracts worth US$3.66bn in Iraq, Saudi Arabia and the United Arab Emirates.

Triggering the statutory surcharge when the offender is committed for sentence (R v Cuthbertson)

Corporate Crime analysis: The Court of Appeal has held that it is the sentencing exercise that triggers the imposition of the statutory surcharge, and that the imposition of two separate surcharges at different times (in the magistrates court and following committal for sentence in the Crown Court) was correct. In R v Cuthbertson, the appellant had been charged with three offences arising out of a single incident, charged together, and appeared before the court on a single charge sheet where a guilty plea was entered to all three of them at the same time. The magistrates passed sentence on two offences but committed the third to the Crown Court for sentence. This unusual decision led to the question being asked as to when the surcharge is triggered. Advocates should be aware of this decision when dealing with multiple offences and consider referencing it in their representations to the court when inviting the magistrates to utilise their powers of committal for sentence. Written by Kelly Cyples, barrister at 23ES Chambers (Manchester).

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