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July 23, 2019, 07:53:25 pm

Author Topic: Sentence Indications  (Read 699 times)  Share 

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hdxx

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Sentence Indications
« on: February 17, 2018, 09:04:06 am »
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If a court gives a sentence indication of the likely imprisonment of an offender, does that mean that this indication is binding and must be followed out into the trial or hearing. Because I have read that if they say that it is not likely that the offender will get a sentence of imprisonment and then the accused pleads guilty that the court must not impose a sentence of imprisonment.

Thanks :)

MissSmiley

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Re: Sentence Indications
« Reply #1 on: February 17, 2018, 11:10:18 am »
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If a court gives a sentence indication of the likely imprisonment of an offender, does that mean that this indication is binding and must be followed out into the trial or hearing. Because I have read that if they say that it is not likely that the offender will get a sentence of imprisonment and then the accused pleads guilty that the court must not impose a sentence of imprisonment.

Thanks :)
Hey!

A sentencing indication is never 'binding' on the accused. It is just an 'indication' that they request to the judge as to whether the sentce is likely to be custodial or non-custodial if the accused pleads guilty. Hence, the court cannot force an accused to plead guilty or not guilty after an indication is given (hence not binding)
HOWEVER,
If a non-custodial indication is given, and the accused pleads guilty at the next available opportunity, then this is binding on the judge when they sentence the accused. In this case, they are not allowed to give a custodial (imprisonment) sentence.

If the accused pleads guilty after a custodial indication has been given, this can be changed to a non-custodial penalty at sentencing.

So do you see how the accusd's final plea (guilty or not guilty) after hearing the sentencing indication is always binding on the judge? and it's got nothing to do with binding on the accused?

Hope I've understood your question! :)

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