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7/16/2020 Bates no 311 What is the sentence for insurance fraud in 2020? I Get the facts now I Evernote Web
Is it possible to reduce a sentence for
insurance fraud with a guilty plea?
In recent years, a number of changes have been made to the sentencing system in the UK
to save the court time and cost and to protect witnesses from the stress of needlessly
going through a trial. For offenders aged 18 and over, pleading guilty early on in a case
can reduce a sentence by as much as one third (maximum). The later the plea is entered,
the smaller the reduction.
'Early on' refers to 'the first stage of the proceedings' and means anytime up to and
including the first hearing at the Magistrates Court or Crown Court for indictable
offences.
If a plea is entered 14 days after the first hearing, for example, the maximum level of
reduction is just 20% or one fifth of the sentence. For indictable offences, the limit for a
guilty plea to be made is within 28 days after the prosecutor has stated compliance with
section 3 of CPIA 1996 and serving disclosure; although the decision is ultimately in the
hands of the Judge who has discretion to apply whatever credit is deemed appropriate.
After these times there is a sliding scale of credit applied. This goes down to one tenth on
the first day of the trial and to zero if entered during the course of the trial. In theory, the
ten percent could be given if the plea is issued after the opening speeches on the first day,
but prior to any witness evidence being heard.
If the accused does not want to plead guilty, then it's important for the solicitor to
regularly inform the court throughout the trial of the reasons why the client's plea is not
guilty.
What are some of the other consequences of
an insurance fraud offence?
Ancillary Orders
A court can also make ancillary orders on a defendant if they are found guilty and
convicted of an insurance fraud offence. These are extra elements of punishment that can
be added to a sentence and include additional restrictions or even requirements that can
affect a dependent's finances, your property or business or financial activity.
Ancillary orders that are typically added to the penalty for those who are found to be
guilty of insurance fraud include:
• Compensation for loss
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