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tic [2018/01/18 14:59]
frescom created
tic [2018/01/18 15:19]
frescom
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-====== ​Taking offences into consideration (TICs======+====== TICs ======
  
-In what circumstances ​can offences ​be taken into consideration?​  +Taking Offences Into Consideration is normally refereed to by the acronym TIC.  
-Whenever a person is being interviewed at a police station about an offence and he admits committing such he may be further questioned about other crimes known to the police but unresolved ​which bear some similarity to the one he is questioned aboutAt that stage or by his own will the suspect ​can admit responsibility for any number of such offences.+ 
 +Not all crimes ​can be proven. A client ​may be asked to admit offences which he has not been prosecuted for. Such crimes ​may well be known to the police but are unresolved. The police may suspect ​the client ​is responsible but are not in a position to prove itsuspect ​may be asked to admit these offences. The courts will take such admissions into consideration when sentencing. The police will often emphasise that a court will look favourably on a defendant who resolves a number of outstanding crimes by such an admission
  
 As a general rule there is nothing preventing an offender who is denying involvement or pleading not guilty to ask for offences to be taken into consideration,​ however, in practice it is unlikely. As a general rule there is nothing preventing an offender who is denying involvement or pleading not guilty to ask for offences to be taken into consideration,​ however, in practice it is unlikely.
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 After admissions are made normally a list containing all of the offences is prepared by the police. Then the offender has the opportunity to inspect and sign it in affirmation. After admissions are made normally a list containing all of the offences is prepared by the police. Then the offender has the opportunity to inspect and sign it in affirmation.
  
 +=== AT TRIAL === 
 At the trial after the offender has pleaded guilty to the offences appearing on the indictment, the prosecution take the judge through the facts before sentencing. It is then that the judge is told about the existence of the TICs. The judge will always seek confirmation from the defendant personally and not through counsel before sentencing him and upon such will nearly always comply with that request. If the offender has changed his mind by that point about the offences, his wishes are again to be respected. At the trial after the offender has pleaded guilty to the offences appearing on the indictment, the prosecution take the judge through the facts before sentencing. It is then that the judge is told about the existence of the TICs. The judge will always seek confirmation from the defendant personally and not through counsel before sentencing him and upon such will nearly always comply with that request. If the offender has changed his mind by that point about the offences, his wishes are again to be respected.
  
-What type of offences can be taken into consideration? ​ 
 Normally TICs will be offences of similar nature to the ones already appearing on the indictment. It is nevertheless possible to ask for consideration of a different type of offences, however, there is no guarantee that the judge will agree to take any such into account. In any event a mere agreement by the prosecution and defence about a list of such offences is not binding upon the court. ​ Normally TICs will be offences of similar nature to the ones already appearing on the indictment. It is nevertheless possible to ask for consideration of a different type of offences, however, there is no guarantee that the judge will agree to take any such into account. In any event a mere agreement by the prosecution and defence about a list of such offences is not binding upon the court. ​
  
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 In addition, the court should not take into consideration an offence which it is not empowered to try. For example, the Crown Court has no jurisdiction hearing or taking into consideration summary offences. Further, an offence is not to be taken into consideration if it is one where the court is required to disqualify the offender from driving or endorse his driving licence in the event of conviction. The restriction exists since those steps will not be available if the offence is taken into consideration. ​ In addition, the court should not take into consideration an offence which it is not empowered to try. For example, the Crown Court has no jurisdiction hearing or taking into consideration summary offences. Further, an offence is not to be taken into consideration if it is one where the court is required to disqualify the offender from driving or endorse his driving licence in the event of conviction. The restriction exists since those steps will not be available if the offence is taken into consideration. ​
  
-What is the effect of the TICs?+=== CONSEQUENCES ===
 The consequences are twofold. Firstly, the suspect will not be prosecuted for each individual offence. In fact, only the original offence or offences for which he was being questioned will appear on the indictment when he is being tried. Any other offences to which he has acknowledged responsibility will be listed for the judge’s consideration on sentencing. ​ The consequences are twofold. Firstly, the suspect will not be prosecuted for each individual offence. In fact, only the original offence or offences for which he was being questioned will appear on the indictment when he is being tried. Any other offences to which he has acknowledged responsibility will be listed for the judge’s consideration on sentencing. ​
  
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 When assessing the impact of the TICs on the sentence to be passed, the court is likely to attach weight to the fact that the offender has assisted the police and helped clear up offences which might otherwise not have been brought to justice. The court is generally to have regard to the context of all offences when determining their effect on the sentence. ​ When assessing the impact of the TICs on the sentence to be passed, the court is likely to attach weight to the fact that the offender has assisted the police and helped clear up offences which might otherwise not have been brought to justice. The court is generally to have regard to the context of all offences when determining their effect on the sentence. ​
  
-What is the benefit of admitting TICs?+=== BENEFITS ===
 The benefit for the offender of asking for other offences to be taken into consideration is that it eliminates the risk of him later being prosecuted and convicted of those offences individually. Therefore, it protects from the full sentence for the individual offences while at the same time the increase in sentence he is to receive is not likely to be significant. The benefit for the offender of asking for other offences to be taken into consideration is that it eliminates the risk of him later being prosecuted and convicted of those offences individually. Therefore, it protects from the full sentence for the individual offences while at the same time the increase in sentence he is to receive is not likely to be significant.
 +
 +=== SUMMARY === 
 +It is our view that there is very little reason to admit to TICs. In effect admitting offences which cannot be proved will only increase a sentence handed down by the court. The sentence will remain significantly lower than if he had been charged and convicted of each offence separately of course but we are talking about offences that by and large the police cannot prove. ​
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 +There are some very rare situations where admitting TICs does make sense. A client who is going to totally ​ and permanently change their lifestyle may well decide to clear the slate. Its rare but it does happen. ​
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tic.txt · Last modified: 2018/01/18 15:19 by frescom