UK legal jargon? -- "to plead guilty with full credit"

Question

This is from a document intended for the general UK public.
"two firms pleaded guilty with full credit"
unconditionally (whatever that might mean)?
"Safety legislation is being more rigourously enforced and fines are increasing. For example, at courts in *** (places) during one month in 2003, two firms who pleaded guilty with full credit in respect@of
non-fatal accidents were fined 80,000 pounds and
100,000 pounds respectively. HSE aims to promote
compliance with safety law and the trend seems to be moving towards those firms who find themselves in
breach paying an ever-heavier price."

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Usenet · Accepted Answer

[nq:1]This is from a document intended for the general UK public. "two firms pleaded guilty with full credit" I am not a lawyer, but I think this refers to the practice of reducing the fine by a percentage if the accused person pleads guilty. The accused is "given credit" for this plea. Presumably "full credit" means the maximum permitted reduction of the fine.

Peter Duncanson
UK
(posting from u.c.l.e)

Usenet · Answer

[nq:1]I am not a lawyer, but I think this refers to the practice of reducing the fine by a percentage if the accused person pleads guilty. The accused is "given credit" for this plea. Presumably "full credit" means the maximum permitted reduction of the fine.[/nq]
It is easy to find examples of "with credit," but here are two with "with full credit":
The Saginaw News, Monday, August 09, 2004
[nq:1]FLINT Nakeisha N. Ivory, 24, was sentenced by Circuit Judge William A. Crane to 30 days in jail, with full ... Outlets at Birch Run, Birch Run. The judge ordered Ivory to pay $420 in fees and fines. Ivory pleaded guilty.[/nq]
The Saginaw News, Sunday, August 29, 2004

Usenet · Answer

[nq:1]This is from a document intended for the general UK public. "two firms pleaded guilty with full credit" I know the English legal system fairly well, and it baffles me. The term "full credit" does not seem to appear on the HSE website, either in the "Enforcement Guide" for prosecutors at
http://www.hse.gov.uk/enforce/enforcementguide/index.htm or anywhere else.
It may possibly refer to "full credit for a plea of guilty" which would mean that the scenario being considered is that in which the defendant admits guilt immediately and pleads guilty at the first possible opportunity, thereby obtaining a discount on sentencing. This is feature of the criminal justice system generally, and is not specific to Health & Safety prosecutions. But the document is certainly highly obscure.
If you want a more expert opinion, try uk.legal.moderated (noting that that group accepts no crossposts).

Don Aitken
Mail to the addresses given in the headers is no longer being read. To mail me, substitute "clara.co.uk" for "freeuk.com".

Usenet · Answer

[nq:1]This is from a document intended for the general UK public. "two firms pleaded guilty with full credit" Full credit is often the result of "a timely guilty plea and co-operation with the investigation". It's not part of the plea, but the judgment. I think this is the relevant law, although it doesn't talk about "credit" it does explain the principle :-
Powers of Criminal Courts (Sentencing) Act 2000
http://www.hmso.gov.uk/acts/acts2000/00006 r.htm#152
and there's plenty on Google:
"The extent of the sentencing discount allowed will vary according to the timing and circumstances of the plea. A defendant who pleads guilty before venue is decided at the magistrates? court will normally be given full credit for so doing, which may amount to a discount of one third, or more. Full credit will not, however, be given in a case where the defendant, in effect, has little choice but to plead guilty."
"The Home Secretary's point about defendants playing the system to get to the Crown court may have been a good one some years ago, but it is now grossly exaggerated as it hardly happens at all not least because of the introduction of plea-before-venue, coupled with full credit for early guilty pleas."
"the judge had said that if he pleaded guilty he would get full credit, and the sentence would be below four years."
"The court gave him full credit for pleading guilty and imposed a £220 fine."

Usenet · Answer

[nq:2]This is from a document intended for the general UK ... firms who find themselves in breach paying an ever-heavier price."[/nq]
[nq:1]Full credit is often the result of "a timely guilty plea and co-operation with the investigation". It's not part of ... sentence would be below four years." "The court gave him full credit for pleading guilty and imposed a Â£220 fine."[/nq]
As far as the law in England and Wales goes the above is a pretty good guide for the layman. However I did notice that the original quotes were from a Canadian Publication. Given the wonderful flexibility of English words ( especially in the mouths of lawyers) it is at least possible that the Canadian meaning is different.

Keeper

Usenet · Answer

[nq:2]Full credit is often the result of "a timely guilty ... him full credit for pleading guilty and imposed a £220fine."[/nq]
[nq:1]As far as the law in England and Wales goes the above is a pretty good guide for the layman. ... English words ( especially in the mouths of lawyers) it is at least possible that the Canadian meaning is different.[/nq]
I've never heard of that kind of credit being given in Canada, and a brief googling on Canadian websites has produced nothing relevant. If the sentence includes a prison term, twice the time served awaiting trial is deducted, and this is referred to as credit. Lately, some judges have been commenting on atrocious jail conditions and awarding triple credit, which seems to indicate that it's a matter of custom and discretion, not prescribed by statute. CDB

UK legal jargon? -- "to plead guilty with full credit"

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