Cap on jail term discounts rejected

12 April 2012

The idea of "capping" discounts on jail terms for offenders who admit their crimes has been rejected by the official panel which issues sentencing guidelines to judges.

But the maximum reduction for offenders who face an "overwhelming prosecution case" - such as being caught "red-handed" - should fall from a third to a fifth, the Sentencing Guidelines Council's (SGC) draft paper added.

Its review of discounts given for guilty pleas began after Home Secretary John Reid and Attorney General Lord Goldsmith expressed concern that existing arrangements damaged the interests of justice.

The idea of capping the maximum discount was raised in a consultation paper published last May by the academic body which advises the SGC.

Current discounts set out by the SGC just two years ago are:

A maximum reduction of one third to criminals who admit guilt at the earliest opportunity;

25% for those who entered their plea at a later stage;

10% who admit guilt at the door of the court.

Last May's paper said discounts based on a proportion could result in a "very substantial reduction where long custodial sentences or high fines are imposed".

But Thursday's document, overseen by the Lord Chief Justice, Lord Phillips of Worth Matravers, stood by the concept of calculating discounts as a proportion. It also stood by the existing structure of one third, 25% or 10% at various stages of proceedings.

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