Likely Sentance For...

[needhelp2013]

Hiya,

Can anyone advise what the likely sentence would be for someone who pleads guilty to fraud ( on trial day ) totalling £1000, its all been paid back so none outstanding

No previous convictions at all

It was one victim for whom he defrauded but was paying him back - he paid half back before police involvement, he basically sold something that did not exist

He was offered a caution and should have taken it looking back at it

Additionally he did not qualify for legal aid, as he is pleading guilty will a duty solicitor be able to do this for him on the day?

[Orderlimit]

Hello Needhelp

Attached link to the sentencing guidelines-

http://sentencingcouncil.judiciary.gov.uk/docs/web_sentencing_for_fraud_statutory_offences.pdf

See first 11 pages, includes 'mitigation and personal mitigation'.

See 'confidence fraud', page 20 for sentencing guide.

[Orderlimit]

Guide to reduction of sentence for a guilty plea-

First reasonable opportunity: recommended 1/3 discount

After a trial date is set: recommended 1/4 discount

Door of court after trial date set: recommended 1/10 discount.

[Orderlimit]

The role of the solicitor is to advance and protect your rights. At this stage in proceedings the duty solicitor could present mitigation in your case to the court before sentencing e.g., the important issue of voluntary repayment to the victim prior to police intervention etc and any other relevant matters such as the use of character witnesses.

[EDDIE51]

You will be asked when the trial starts how you plead. You say 'Guilty' or 'not guilty' You can get the duty solicitor to help , but if it goes to trial you have to actually stand in the box yourself and answer guilty or not guilty.
In this cse i would expect a conditional discharge , but as it has gone to trial there will be a record of conviction.