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01-Nov-2017 02:28

Prosecutors should seek the co-operation of the court to ensure that any discussions of the acceptability of pleas should take place in open court.

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This procedure has been endorsed in the Criminal Practice Directions [2013] EWCA Crim 1631 (as amended, see CPD VII, Sentecing A1) which came into effect on 7 October 2013.

The Criminal Procedure Rules, Rule 37.10(3) governs the procedure in the magistrates' court and provides:a) summarise the prosecution case, if the sentencing court has not heard evidence; b) identify any offence to be taken into consideration in sentencing; c) provide information relevant to sentence; and d) where it is likely to assist the court, identify any other matter relevant to sentence, including -The Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise requires that when the defendant indicates an acceptable plea, the defence advocate should reduce the basis of the plea to writing.

This must be done in all cases save for those in which the defendant has indicated that the guilty plea has been, or will be tendered on the basis of the prosecution case.

However while judicial indications may assist in the efficient management of the case, they should never be used as a means of pressurising the prosecution into accepting a plea which, in the view of the prosecution, is not in the best interests of justice.

Responsibility for the acceptability of pleas and the continuance or otherwise of the prosecution remains that of the prosecution advocate.

This procedure has been endorsed in the Criminal Practice Directions [2013] EWCA Crim 1631 (as amended, see CPD VII, Sentecing A1) which came into effect on 7 October 2013.

The Criminal Procedure Rules, Rule 37.10(3) governs the procedure in the magistrates' court and provides:a) summarise the prosecution case, if the sentencing court has not heard evidence; b) identify any offence to be taken into consideration in sentencing; c) provide information relevant to sentence; and d) where it is likely to assist the court, identify any other matter relevant to sentence, including -The Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise requires that when the defendant indicates an acceptable plea, the defence advocate should reduce the basis of the plea to writing.

This must be done in all cases save for those in which the defendant has indicated that the guilty plea has been, or will be tendered on the basis of the prosecution case.

However while judicial indications may assist in the efficient management of the case, they should never be used as a means of pressurising the prosecution into accepting a plea which, in the view of the prosecution, is not in the best interests of justice.

Responsibility for the acceptability of pleas and the continuance or otherwise of the prosecution remains that of the prosecution advocate.

The PSD is in addition to the written outline of the case which is served on the court.