ABSTRACT
The concept of the sentence discount in return for a guilty plea has long provoked controversy between due process and crime control advocates alike. One fundamental due process objection to sentence discounts is that they undermine the presumption of innocence and the necessity for the prosecution to prove its case. Research studies provide incontrovertible evidence of significant variation in average sentence lengths according to plea for offenders receiving custodial sentences. To complicate matters further the Judicial Statistics have long noted a significant difference in guilty plea rates according to Crown Court circuit. Recent significant procedural changes relating to 'plea before venue' and pre-trial hearings which may have indirectly impacted on the operation of sentence discounts. Resource implications and analytical complexity suggested that a written record of the relevant decision-making process would be more reliable than verbatim notes of judicial sentencing comments obtained by a trained researcher attending selected guilty plea hearings.
