Legal issues
Reduction for a guilty plea
Sentencing Code, section 73, and the Sentencing Council guideline on reduction for a guilty plea. The reduction is applied after the court has decided the sentence. There are special rules for murder and for some mandatory minimum sentences.
Suspended sentences
- The court imposes a custodial term but suspends it, with requirements.
- Breach can lead to the custodial term being activated.
- Sentencing Act 2026: presumption of suspension for terms of 12 months or less, in force since 22 March 2026. It does not apply where there is a significant risk of physical or psychological harm to an individual, where the offence breached or was closely connected with a court order, where the offence was committed while on a community or suspended sentence order, or on resentencing for breach of such an order.
- The maximum term that can be suspended has increased from 2 to 3 years.
Community orders
Requirements can include unpaid work, curfew with electronic monitoring, rehabilitation activity, treatment programmes and exclusion zones.
Evidence that matters
Mitigation relies on evidence: references, employment, caring duties, health and steps taken since the offence. A pre-sentence report from probation is often central.
Reasonable lines of enquiry
Before sentence
- Check the guideline category the prosecution says applies.
- Gather character references and evidence of personal circumstances.
- Consider whether a basis of plea is needed if you dispute some facts.
What happens next
Sentence may be passed immediately or adjourned for a pre-sentence report. The court must explain the sentence and the effect of any breach.
Immediate steps
- Take advice before pleading, because timing affects the reduction.
- Cooperate with the probation interview.
- Start gathering references early.
What should you send us?
Send the charge, the court date, any pre-sentence report and details of your circumstances.