R v John Bates

Full credit for a guilty plea at the first stage requires an unequivocal indication of a guilty plea given publicly at the hearing. A private communication to the court, or an indication that a guilty plea is merely likely, does not satisfy that requirement.

Representatives must record plea information on the Better Case Management form. For an either-way offence, the statutory oral indication procedure must be followed. A disqualification extension under Road Traffic Offenders Act 1988 must be calculated strictly in accordance with the statute. It cannot be rounded up without statutory authority.

The appellant pleaded guilty in the Crown Court at Warwick to causing death by dangerous driving and causing serious injury by dangerous driving. He received seven years and one month’s imprisonment, concurrent imprisonment for the second offence, and a driving disqualification of nine years and seven months.

He appealed on the basis that he should have received full credit for his guilty pleas. His solicitor had privately told the district judge before the first magistrates’ court hearing that guilty pleas were likely, but no public and unequivocal indication was made or recorded. The court also considered whether the disqualification extension had been calculated correctly.

1. The appeal was allowed only to correct the disqualification period. The challenge to the 25 per cent guilty-plea credit failed. The total disqualification was reduced from nine years and seven months to nine years and six and a half months.

2. For an indictable-only offence, rule 9.75 of the Criminal Procedure Rules requires the accused to be asked at the public hearing whether he intends to plead guilty in the Crown Court. Open justice requires any indication to be made publicly at that hearing. An indication made privately beforehand has no entitlement to the consequences of an initial-stage indication.

   Further, an indication that a guilty plea is merely likely is not unequivocal. It cannot attract full credit. The court followed R v Hodgin [2020] EWCA Crim 1388 and R v Plaku & Ors [2021] EWCA Crim 568 on that point. On the evidence, the only indication was that a guilty plea was likely.

3. The court identified procedural errors at the magistrates’ court. A represented defendant’s representative must complete the Better Case Management form, including the plea or indicated plea, so that it is available to the Crown Court. An either-way charge must also be dealt with through the statutory oral indication procedure. Neither error converted the appellant’s equivocal private indication into a qualifying guilty indication.

4. The extension of disqualification under sections 35A and 35B of the Road Traffic Offenders Act 1988 had to reflect the applicable custodial-release period. Because the index offence pre-dated the prospective increase of its maximum penalty to life imprisonment, the applicable extension was one half of the custodial sentence: 42.5 months. Section 35A conferred no power to round that period up to 43 months.

• Court of Appeal (Criminal Division): The appeal was allowed only to reduce the disqualification period by half a month: [2024] EWCA Crim 684.
• Crown Court at Warwick: The appellant pleaded guilty to causing death by dangerous driving and causing serious injury by dangerous driving. He was sentenced to seven years and one month’s imprisonment and disqualified for nine years and seven months.