30/03/2020
A defendant is entitle to a third reduction in his sentence if he indicates a plea of guilty “at the first stage of the proceedings”[1]. In health and safety cases this will be the first appearance in the magistrates’ court. If the guilty plea is entered at a later date then the discount will be less. However it may not be possible to indicate a plea at the first appearance, for example if a company prosecuted for a safety offence is waiting for expert evidence before deciding on plea.
There are exceptions to this rule. One is if further information or advice is necessary[2]. But in the event that the court declines to apply this exception will admissions made at an interview under caution or in pre-charge submissions to the regulator be relevant to obtaining the maximum discount?
In R v Bold the defendant made admissions when interviewed at the police station. He did not indicate a guilty plea at the first hearing in the magistrates’ court. The case was transferred to the crown court and at the Plea and Trial Preparation Hearing (PTPH) in that court the defendant pleaded guilty.
The Court of Appeal held that the defendant was not entitled to a third discount on his guilty plea but 25%: the admissions were relevant to general mitigation not the discount for guilty plea.
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Fisher Scoggins Waters are a London based law firm who specialise in construction, manufacturing and engineering matters. If you have recently had a health and safety incident occur in your workplace and require legal advice, please phone us on 0207 993 6960.