![]() The written basis of plea agreed between the defence and the prosecution can have a significant impact on the range of sentences that is available therefore it is very important that the basis of plea provides a clear articulation of the facts on which the sentence has been passed. Prosecuting advocates should not accept a basis of plea which is different from the case originally advanced by the prosecution without considering the impact on the likely sentence. The prosecutor is under no obligation to accept a basis of plea offered by the defence, and the prosecution should not lend itself to any agreement whereby a case is presented to the sentencing judge on a misleading or untrue set of facts, or on a basis that is detrimental to the victim’s interests. The written basis of plea must be considered with great care, taking account of the position of any other relevant defendant where appropriate. This must be done in all cases, except 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. The Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise (see earlier) require that when the defendant indicates an acceptable plea, the defence advocate should reduce the basis of the plea to writing. When considering which ancillary orders to apply for, prosecution advocate must always have regard to the victim’s needs, including the question of their future protection. It is the prosecution advocate’s duty to apply for or to remind the court of its powers in respect of appropriate ancillary orders, for example, compensation orders, criminal behaviour orders or confiscation orders. In Qayum EWCA Crim 2237, the Court of Appeal explained the importance of advocates being alert to the maximum sentencing powers available to judges, as it is the duty of both prosecution and defence advocates to check the court’s sentencing powers and alert the court accordingly. The role of the Prosecutor is also covered by the Criminal Procedure Rules: Rule 24.11 and 25.11 respectively for the Magistrates’ Court and the Crown Court. the aggravating and mitigating factors of the offence under consideration.”.any relevant sentencing guidelines and guideline cases and.any statutory provisions relevant to the offender and the offences under consideration.where appropriate, to any evidence of the impact of the offending on a community. ![]() any victim personal statement or other information available to the prosecution advocate as to the impact of the offence on the victim.This will include drawing the court’s attention to: “…The prosecution advocate represents the public interest, and should be ready to assist the court to reach its decision as to the appropriate sentence. The Attorney General’s Guidelines on the Acceptance of Pleas and the Prosecutor’s Role in the Sentencing Exercise paragraph B:4 provides: ![]() The prosecutor has an important responsibility to ensure fairness both to the defendant and the victim regarding the acceptability of pleas and assistance to the court at sentence.
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