Reduction in Sentence for a Guilty Plea

What about a reduction for a guilty plea for a summary offence?

A defendant charged with a summary offence will have their case heard at the magistrates’ court. Where a defendant gives an indication of a guilty plea at the first stage of proceedings, they are entitled to a reduction of one third.

When do reductions for a guilty plea not apply?

Yes, there are some exceptions including but not limited to the following:

Firearms Offences

If an offender aged 18 or over when convicted faces sentence for certain firearms offences, the court must impose a sentence at least 5 years unless the judge considers there are exceptional circumstances relating to the offence or the offender, which justify not doing so.

Relevant firearms offences include:

• Possession, purchase, or acquisition of a prohibited weapon or ammunition;
• Possession, purchase, or acquisition of a firearm disguised as another object;
• Possession of a firearm with intent to endanger life;
• Possession of a firearm with intent to cause fear of violence;
• Use of firearm to resist arrest;
• Carrying a firearm with criminal intent;
• Carrying a firearm in a public place;
• Trespassing in a building with a firearm;
• Manufacture, sale or transfer or possession for sale or transfer of a relevant firearm or ammunition.

Where the offender was aged 16 or 17 when the offence was committed, the minimum term to be imposed is 3 years’ custody, again, unless the judge considers there are exceptional circumstances relating to the offence or the offender, which justify not doing so.

If a minimum sentence is imposed for these offences, it is an irreducible minimum below which credit for a guilty plea cannot reduce the sentence.

Where the offender was under 16 when the crime was committed, the minimum term does not apply.

‘Second Strike’ for Possession of Bladed Article or Possession of an Offensive Weapon

Under section 315 of the Sentencing Act 2020, where an offender is convicted for a second time for possession of a bladed article or offensive weapon, the minimum custodial sentence is at least 6 months imprisonment. This is generally the case unless there are particular circumstances relating to the offence, the previous offence(s), or the offender, which would make it unjust. For a minimum sentence to apply, the sequence must be conviction for the first relevant offence and then commission of the second offence.

An offender facing a mandatory minimum term sentence is entitled to a reduction in sentence for a guilty plea. However, the sentence must not be reduced below 80% of the six-month minimum

Where an offender is aged 16 or 17, the minimum sentence is a 4-month detention and training order but the mandatory minimum does no restrict the application of credit for a guilty plea.

There is no minimum term for offenders under 16 years old.

‘Three Strike Rule’ for Domestic Burglary

Where an offender aged 18 or over is facing sentence for a domestic burglary, where the offender has two previous convictions on separate dates for the same offence, the minimum sentence is at least 3 years unless there are circumstances relating to the offence or defendant which would make such a sentence unjust.

An offender facing a mandatory minimum term sentence is entitled to a reduction in sentence for a guilty plea. However, the sentence must not be reduced below 80% of the 3-year minimum.

Third-Class A Drug Trafficking Offence

Where an offender aged 18 or over is facing sentence for Class A Drug Trafficking where the offender has two or more previous convictions for the same offence, the minimum sentence is at least 7 years, unless the judge considers there are circumstances relating to the offence or to the offender which would make such a sentence unjust.

An offender facing a mandatory minimum term sentence is entitled to a reduction in sentence for a guilty plea. However, the sentence must not be reduced below 80% of the 7-year minimum.

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