The backlog of Crown Court cases waiting to be heard stands at almost 60,000. UK prisons remain chronically overcrowded, dangerous and unhealthy. The criminal justice system—already under severe strain before the pandemic—is near breaking point. But the Court of Appeal, it appears, never misses an opportunity to ensure that more defendants are locked up for as long as possible.
In the latest in a series of dispiriting judgments, in R v Plaku and others [2021] EWCA Crim 568, [2021] All ER (D) 56 (Apr) the court considered the question of when the maximum one-third reduction should be applied to a sentence in the Crown Court. The decision will cause considerable difficulties for defence practitioners and judges, and should be of concern to anyone who cares about having an effective and proportionate system of sentencing.
What was the main issue facing the court?
If a defendant enters a formal guilty plea at their first appearance at the Crown Court, is that defendant entitled
