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WOOD GREEN CROWN COURT – EARLY GUILTY PLEA SCHEME – PROTOCOL (JULY)
Objective
1. The objective of the early guilty plea (EGP) scheme is to provide a procedure whereby cases may be brought
before Wood Green Crown Court (WGCC) for an early hearing at which both arraignment and sentence will
take place. Cases which plead guilty at an EGP will qualify for the maximum appropriate sentence
reduction (see Para 6 below). Cases that plead guilty at later hearings will receive lesser reductions in
sentence (See Para 6 below).
Timing
2. From Monday 11 June 2012 all cases (except Op Withern cases – see Para 7 below) following the committal
path to WGCC will be eligible for the Early Guilty Plea scheme to be run at WGCC. From that day cases
coming before the Magistrates courts will be reviewed by the Crown Prosecution Service (CPS) to establish
whether the strength of the case is such that the CPS believes an early plea of guilty hearing may be
appropriate. An EGP hearing may be sought by either the Prosecution or the Defence. The scheme is
designed to get such cases before WGCC for an EGP hearing at which arraignment and sentence will take
place.
Procedures
3. Cases committed under S6 of MCA 1980
(i) Cases identified before or at Committal as suitable for EGP by the CPS and by the Defence. The
Magistrates will commit the case to an EGP hearing 28 days after the date of the committal hearing in both
bail and custody cases. The Magistrates will also list a PCMH 42 days after the date of the committal
hearing. At the committal hearing the Defence may make any representations about a report for
sentencing purposes. Magistrates will decide whether to order a report (either PSR or FDR) having regard
to the nature of the case and the guidance at Annex A to this protocol. If a report is not ordered then the
Defence may make representations about the need for a report to WGCC within seven days of the committal
hearing.
(ii) Cases identified before or at Committal by the CPS but not agreed suitable for EGP by the Defence.
In cases where the defence does not agree an EGP hearing is suitable or is undecided the Magistrates will, at
CPS request, commit the matter to an EGP hearing 28 days after the committal date with a PCMH date 42
days after the committal date . It is not appropriate that a report should be ordered in such cases. The
Defence, within 15 days from the date of committal hearing, must write to the court (WGCC) and to the CPS
either to request that the EGP hearing be cancelled or to state that a Guilty plea will be entered at the EGP.
Any request for cancellation should include confirmation that the Defendant has provided instructions that
will result in a not guilty plea; the statement that a Guilty Plea will be entered should be accompanied by any
representations about the need for a report. The statement should state clearly to which offences the
defendant intends to plead guilty and any basis of plea put forward. When the EGP is cancelled the case
will then be listed for a PCMH on the due date and the statutory time limits for the service of the Defence
Statement will apply.
(iii) Cases identified by the Defence after the committal hearing. The Defence may indicate a wish to
enter the EGP scheme at any stage prior to the committal hearing. . However after the committal hearing
such a request must be made no later than the expiry of 15 days from the date of service of Committal
Papers/Initial Disclosure. The request for such a hearing should be made to WGCC and the CPS and
should be accompanied by any representation considered appropriate about the need for a report. The
request should state clearly to which offences the defendant intends to plead guilty and any basis of plea put
forward.
(iv) Cases not identified at committal as suitable for an EGP hearing. Magistrates will commit such cases
to WGCC for a PCMH 42 days after the date of the committal hearing.
4. Cases committed at the Plea before Venue (PBV) hearing
A small but growing number of cases are committed direct to WGCC from the PBV hearing when the
Defence request at PBV that an immediate s. 6 committal be made on the basis of papers already served as
Initial Details of Prosecution Case (formerly known as advance information) under part 21 of the CrimPRs.
Magistrates will commit these cases to WGCC (bail and custody) for a Preliminary Hearing (PH) 7 days from
the date of the PBV/committal hearing. At the PH at WGCC the CPS and /or the Defence may seek an EGP
hearing. Arraignment and sentence may take place at this PH as currently happens with a number of cases
sent under S51; arraignment may take place and a report may be ordered for a sentence date. Such cases
will qualify for full sentence discount as in formal EGP cases.
(i) Cases identified before or at PH as suitable for EGP by the CPS and by the Defence. WGCC will set a
date for the EGP and will decide whether a report is necessary.
(ii) Cases identified before or at PH by the CPS but not agreed suitable for EGP by the Defence. WGCC
will set a date for the service of Papers/ID, a date for the EGP hearing and a PCMH date. The Defence,
within 15 days from the service of papers/date must write to the court (WGCC) and to the CPS either to
request that the EGP hearing be cancelled or to state that a Guilty plea will be entered at the EGP. Any
request for cancellation should include confirmation that the Defendant has provided instructions that will
result in a not guilty plea; the statement that a Guilty Plea will be entered should be accompanied by any
representations about the need for a report. The statement should state clearly to which offences the
defendant intends to plead guilty and any basis of plea put forward. When the EGP is cancelled the case
will then be listed for a PCMH on the due date and the statutory time limits for the service of the Defence
Statement will apply.
(iii) Cases identified by the Defence after PH. An EGP hearing will be listed at the request of the
Defence to WGCC and to the CPS at any stage following the PH hearing until 15 days after the date of service
of papers/ID. Such a request should be accompanied by any representations on the need for a report.
The request should state clearly to which offences the defendant intends to plead guilty and any basis of
plea put forward.
(iv) Cases not identified at PH as suitable for an EGP. At the PH WGCC will set down a date for the
service of papers/ ID and a subsequent PCMH.
5. Cases sent under S51 CDA 1998
These cases both bail and custody will, as now, be sent to WGCC for a PH seven days from the date of the
Magistrates first hearing. Arraignment and sentence may take place at this PH as currently happens;
similarly arraignment may take place and a report may be ordered and a sentence date set. Such cases
will qualify for full sentence reduction as in formal EGP cases.
(i) Cases identified before or at PH by the CPS and agreed suitable for EGP by the Defence. WGCC will
set a date for the EGP and will decide whether a report is necessary.
(ii) Cases identified before or at PH by the CPS but not agreed suitable for EGP by the Defence. WGCC
will set a date for the service of papers/ID, a date for the EGP hearing and a PCMH date. The Defence,
within 15 days from the service of papers/date must write to the court (WGCC) and to the CPS either to
request that the EGP hearing be cancelled or to state that a Guilty plea will be entered at the EGP. Any
request for cancellation should include confirmation that the Defendant has provided instructions that will
result in a not guilty plea; the statement that a Guilty Plea will be entered should be accompanied by any
representations about the need for a report. The statement should state clearly to which offences the
defendant intends to plead guilty and any basis of plea put forward. When the EGP is cancelled the case
will then be listed for a PCMH on the due date and the statutory time limits for the service of the Defence
Statement will apply.
(iii) Cases identified by the Defence. An EGP hearing will be listed at the request of the Defence at any
stage following the PH hearing until 15 days after the date of service of papers/ID. Such a request should be
accompanied by any representation on the need for a report. The request should state clearly to which
offences the defendant intends to plead guilty and any basis of plea put forward.
(iv) Cases not identified at PH as suitable for EGP. At the PH WGCC will set down a date for the service of
papers/ID and a subsequent PCMH.
Sentence Reductions
6. As a result of the introduction of the EGP scheme the Sentencing Guidelines Council Definitive Guideline for
“Reduction in Sentence For a Guilty Plea” (hereafter the Guideline) will be applied as follows:
(i) Any defendant who does not plead guilty at the EGP hearing or who cancels an EGP hearing but who
pleads guilty at a later hearing will not receive maximum credit for that Plea unless a successful
submission is made that the EGP hearing was not the first reasonable opportunity for the defendant
to have pleaded guilty.
(ii) There is a presumption that a plea of guilty at the EGP hearing is the first reasonable opportunity to
enter a guilty plea and a one third reduction in sentence. Cases that are indicated as guilty pleas
either at the committal hearing or where an EGP hearing is requested within fifteen days of the
service of ID will qualify for one third reduction.
(iii) The one third reduction may be itself be reduced to 20% where Para 5.2 to 5.5 of the Guideline
applies (The "overwhelming prosecution case" provision).
(iv) The one third reduction may be affected by the considerations set out in Annex 1 of the Guideline.
This Annex gives guidance as to identifying the “first reasonable opportunity for the defendant to
have indicated a willingness to plead guilty”. It points out, inter alia, that in some cases this may
mean an indication of a willingness to plead guilty, for instance , in interview or at some earlier
hearing.
(v) A plea of guilty at PCMH will receive a reduction of 25%. Later pleas of guilty will have lesser
reduction see the Guidelines Paras. 4.1 to 4.3.
Op Withern Cases
7. The diminishing number of Op Withern cases will continue to run to their separate and distinct
procedures and timings and will remain subject to the same practice for sentence reductions as at present.
In due course a decision will be taken to include these cases in the EGP procedures set out above.
PLEASE SEE ANNEXES BELOW.
ANNEX A GUIDANCE ON THE NEED FOR REPORTS
ANNEX B OBSERVATIONS ON COMMUNICATION BETWEEN PARTIES
ANNEX C TIME LINES FOR THE PROCESSING OF CASES
NOTES
ANNEX A
1. This guidance should be considered at magistrates and crown courts when ordering an EGP hearing
2. The following questions may assist the decision process.
Is a report necessary at all?
If a report is necessary should it be a PSR or an FDR?
If a report is necessary has there been a PSR or FDR on this Defendant in the last 12 months?
If there has been any report in the last twelve months is there any need for either a fresh report or and
update?
3. To assist in answering these questions the following factors are set out.
It will usually be appropriate to order a report where.
(in some of these cases a recent report may be sufficient)
The Defendant is 17 and under
The Defendant is under 21 and is a first time offender/has not served a prison sentence
The Defendant falls to be assessed for “dangerousness” (Schedule 15 cases)
It will not usually be appropriate to order a report (or have a recent report available) in the cases where.
The Defendant has a previous prison sentence/s
The Defence have asked for report to assist in determining the “length of sentence”
Supply of Class A offences
False passport/ID docs
3rd Strike Burglary
Cultivation of Cannabis
Offences in Breach of a Suspended Sentence Order
High Level Frauds (in excess of £100K)
“Custody inevitable” cases where dangerousness is not a consideration and Defendant is not under 18 (cf
“length of sentence” cases)
4. The timely preparation of reports, when reports are essential, is central to the EGP scheme. If
ordered reports are not available at EGP hearing much of the benefit of the system is lost. Accordingly
when Magistrates courts consider the need for reports they should record their decision as "PSR"or "FDR" or
"No Report." This will ensure, at later hearings, that it is clear that the court did indeed consider the need
for a report and what its decision was. In like manner CPS and Defence should assume a duty to assist the
magistrates by ensuring that the decision is addressed and should note their files. Where a report has been
ordered Defence solicitors should be alert to check with and ensure that Probation has indeed been made
aware of the need for the report and that they have the Defendants details. Solicitors will also be aware of
the ability to make representations to WGCC in any particular case where a decision has been made that no
report is required or where court has not been asked to make such a decision.
ANNEX B
The experience of the EGP pilots is that the scheme works best if communications between the defence, CPS,
probation service and courts are instantaneous or near instantaneous.
The use of post, DX and to a lesser extent fax, requires post to be collected and sorted, for administrators to link
correspondence to files and for files to be allocated for consideration of the correspondence. Letters are more
formal so take longer to draft and there is a lack of certainty of receipt which encourages duplicate correspondence
to be sent. Duplicate correspondence also requires to be linked and processed, wastes finite resources and thus
slows the process still further. In EGP cases, where timetables are demanding, slow, wasteful or ineffective
communications will impede the scheme.
The CPS will allocate an office-based Crown Advocate full time to EGP cases. The most effective way of ensuring that
EGP cases are identified, that any essential evidence to facilitate a plea is gathered and that any proposed bases of
pleas are considered is for the defence to speak direct to the Crown Advocate by telephone.
If the CA cannot be contacted and/or where an audit trail is necessary the CPS would ask that secure email is used.
Emails should be marked with the defendant’s name, the CPS URN and ‘Early Guilty Plea’ in the subject title. Please
note that agreement to use secure email will not be taken as agreement to receive electronic papers.
The relevant telephone numbers and email addresses are as follows:
Wood Green Crown Court EGP scheme:
EGP CPS Crown Advocate: 0203 300 2816 or 0203 300 2809
CPS SEM: Barnet cases: barnet.digital@cps.gsi.gov.uk
CPS SEM: Haringey/Enfield cases: HaringeyEnfield.Digital@cps.gsi.gov.uk
London Probation Trust CCLO Tel: 0208 826 4100 Fax: 0208 881 2665
EGPRequestsWoodGreenCC@London.Probation.gsi.gov.uk
WGCC case progression: 0208 826 4131/4128/4129
WGCC case progression SEM: caseprogression@woodgreen.crowncourt.gsi.gov.uk
---------------------------------------------------------------------------------------------------------------------------Inner London Crown
Court EGP scheme:
EGP CPS Crown Advocate: 0207 378 3491 or 0207 378 4261
CPS SEM: Newham & Lambeth Lambeth.Electronic@cps.gsi.gov.uk
London Probation Trust CCLO Tel: 0207 407 7333 Fax: 0207 403 8637
EGPRequestsInnerLondonCC@London.Probation.gsi.gov.uk
ILCC case progression: 0207 234 3186/3187/3188.
ILCC case progression SEM: CaseProgression@Innerlondon.crowncourt.gsi.gov.uk
ANNEX C
1. COMMITTAL CASES.
Now:
Committal……....…….28 Days……..………….PCMH
Under EGP
Not EGP case
Committal…………….…………….….42 days..................………………PCMH
EGP case
Committal………………..…28 days………….….EGP ……14 days…… PCMH (2)
2. S51 CASES
Now
Mags ….7 days..PH…………..…………42 days……..…………..ID(3)………14days…….PCMH
Under EGP (1)
Not EGP case
Mags….7 days..PH …………………….42 days…………….……..ID(3)……………….28 days…………….……..PCMH
EGP case
Mags….7 days..PH………………………42 days……………………ID(3)…….14 days.……EGP………………… PCMH (2)
3. COMMITTALS AT PBV HEARINGS
Now
PBV………………………28 days… ………………...PCMH
Under EGP(1)
Not an EGP case
PBV….7 days..PH …………………….42 days…………….……..ID(3)……………….28 days……………………PCMH
EGP Case
PBV….7 days..PH………………………42 days…………………… ID(3)…….14 days……EGP………………… PCMH(2)
NOTES: (1) After the PH the time scales may be adjusted to a shorter or longer period according to the complexity
of the case. (2) PCMH only held if Guilty Plea not entered at EGP (3) ID is shorthand for
“service of committal/Initial Disclosure”
NOTES TO ACCOMPANY THE WOOD GREEN EGP PROTOCOL
1. Purpose of the EGP scheme.
The EGP scheme is designed to provide all participants in the criminal justice system with a clear and defined
method of enabling early guilty pleas to be taken by the courts in appropriate cases.
2. Benefits of the EGP scheme
For Defendants.
Allows Defendants to make early guilty pleas where appropriate and thereby:
Take advantage of the sentence reductions that are available for such pleas.
Bring certainty to their lives and reduce the stress on themselves and their families caused by the long wait to a trial
or a later plea of guilty, both of which would carry the consequence of a longer sentence (if convicted at their trial).
For Defence Solicitors.
Allows Solicitors to inform their clients of a clear timetable that will be followed both in EGP cases or otherwise. In
EGP cases it allows:
Fewer hearings before a determination
Less paperwork to be processed and prepared
Frees up time and resources for other cases
For the Crown.
Fewer hearings before determination
Fewer cases requiring full preparation for trial
Frees up time and resources for other cases.
3. Factors influencing the Wood Green EGP scheme.
In framing the WG EGP scheme certain factors have been considered:
The need to achieve congruity of timelines with Inner London Crown Court (ILCC)our partner court in the this initial
pilot EGP scheme for London. At Annex C it will be noted that this has led to an extension in the timelines
previously employed at this court. Thus for instance in non EGP committal cases there is now a period of six week
before the PCMH as opposed to the current four weeks.
The need to acknowledge that this EGP scheme is the precursor of a London wide EGP scheme and the recognition
that among the London Crown courts there is a fair degree of mismatch amongst their various timelines.
The need to acknowledge that at some stage next year (2013) all committals will be abolished and all matters for
the Crown Court will be sent up after one Magistrates Court hearing. The timelines set down for S51 cases and
for those cases with an early committal at PBV may well provide a template for the future “committal free”
procedures.
The need to provide simplicity and “bright line” guidance for all concerned. This for instance has led to the
direction that EGP hearings are set down a standard 28 days after the committal (or 42 after the first Magistrates
hearing in S51 and early committal cases) rather than to specific "EGP days” as the CPS would have preferred.
These four factors have meant that the protocol has been framed so as to provide a court based system. The
important actions and decisions should all be taken at hearings when all parties are present. There are of course
other actions that will arise , usually based on the realities that defendants are known to change their minds and
that no system can hope to cover all the eventually that may arise in a business so integrally bound up with human
frailty. Some of these are covered in the protocol. Other will arise ex improviso (perhaps an elelevnth hour
decision to Plead Guilty). In such instances solicitors should not hesitate to contact the WGCC or the CPS to seek
guidance – at the end of the day the aim is the swift, just and equitable disposal of business.
4. How the scheme will work.
The Protocol sets out the skeleton framework of timings and basic duties and actions to be taken, however the
scheme will run best on frequent and informal contact. Communication is the key. In committal matters the CPS
undertakes to identify EGP cases within 48 hours of the first Magistrates hearing PBV). The CPS lawyer in charge
of WG EGP cases (David Edwards) will then contact defence solicitors early to discuss the case and the evidence. In
sent case the CPS (David Edwards again) will undertake to have reached a view within 48 hours of the First hearing
and in cases identified as EGP will contact the defence before the PH in the Crown Court (which takes place seven
days after the First Hearing) In like manner Defence Solicitors who identify a potential EGP case should contact the
CPS (David Edwards) as soon as possible. Annex B deals with communications. Clearly the telephone is the
most flexible and instant means of exploring the nuances of a case. In other instances (e.g. the simple transmission
of information that requires no give and take of views) then email is probably the safest and best way to transit it.
However the important issue is that the information must get through and in time.
5. What practical effect does the scheme have on procedures?
Magistrates.
As from 11 June Committal cases are to be given a date for a PCMH 42 days (6 weeks) from the date of committal.
Where a case is identified to magistrates as an EGP case it should be given a date for an EGP hearing 28 days (4
weeks) from the date of Committal.
As from 11 June all other cases (S51 and early committals from PBV) are to be given a date for a Preliminary Hearing
(PH) 7 days (1 week) from the date of the first Magistrates hearing.
Reports for the Sentencing Court. Magistrates Courts should, on being notified of an EGP case, consider the need
for a report. Guidance is at Annex A to the Protocol. All parties have a duty to assist the Magistrates in this task.
If the court is in doubt or requires advice over the need for a report the Magistrates Court Probation Officer may
seek help from WGCC Probation staff who will consult with WGCC judiciary where necessary. Where a report if
ordered by the Magistrates Court, the Bench Legal Adviser and Defence Solicitors will want to ensure that Probation
Court Staff have been made aware of the order. Alternatively Magistrates, when in doubt, may refer the matter
directly to WGCC for a decision when they order the EGP. If a defence solicitor believes that a decision not to
have a report is wrong then the protocol permits the matter to be referred to WGCC. The timely production
of reports in the appropriate cases is essential for the benefits of the scheme to be realised. Where despite all
predations an EGP hearing is called on and an ordered report is missing WGCC will investigate a stand down report
or other means of keeping the hearing effective. If necessary a further date will be set.
Crown Court
At WGCC the new timelines will reduce the court’s flexibility in listing cases as all cases that reach a PCMH
hearing will do so 2 weeks later than previously and of course in custody cases this means two weeks closer
to CTL.
