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    "Noted for the excellence of its white-collar defence practice"

    Chambers & Partners, 2014 edition

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    Chambers & Partners, 2014 edition

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    "It’s a deluxe firm which pulls out all the stops for its clients"

    Chambers & Partners, 2014 edition

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    "They are the market leaders for serious crime’"

    Chambers & Partners, 2014 edition

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

    Chambers & Partners, 2014 edition

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

    Legal 500, 2014 edition

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    "Hamraj Kang is noted for his very sharp legal brain"

    Legal 500, 2014 edition

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

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    "Hamraj Kang is a shrewd tactician and very experienced"

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    "What the team is known for - handles an extensive array of criminal matters
    including murder, drugs and white-collar crime"

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    "Adept at dealing with cases that have an international dimension"

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    Plea | Reduction & Mitigation | Kangs Criminal Solicitors

    Criminal Defence Solicitors | Vat & Tax SolicitorsNEWSPlea | Reduction & Mitigation | Kangs Criminal Solicitors

    May

    25

    May 25 , 2017 | Posted by Kangs Solicitors |

    Plea | Reduction & Mitigation | Kangs Criminal Solicitors

    Nazaqat Maqsoom of Kangs Solicitors follows his recent commentary on ‘the new guidelines’ with a look at reduction, mitigation and exceptions.

    Mitigation and Reduction | Kangs Criminal Lawyers

    The new guidelines state that factors such as:

    • admissions at interview,
    • co-operation with the investigation and
    • demonstrations of remorse

    Should not be taken into account when determining the level of reduction available upon sentencing but should be considered separately as potential mitigating factors.

    Furthermore, the benefit of an early plea should apply regardless of the strength of the evidence which should not be taken in to account when determining the level of reduction.

    This is a significantly different approach to that of the previous guidelines which stated that ‘Where the prosecution case is overwhelming, it may not be appropriate to give the full reduction that would otherwise be given.’

    Applying The Reduction | Kangs Crime Solicitors

    The court can achieve the reduction in sentence by imposing one option for another, such as, for example, replacing a custodial sentence with a community sentence, or, a community sentence with a fine.

    However, where a court has imposed one type of sentence in place of a more severe one there should normally be no further reduction.

    Following a guilty plea, a Magistrates’ Court may reduce a custodial sentence in order to retain jurisdiction of an ‘either way offence’ rather than committing the case for sentence to the Crown Court.

    Exceptions | Kangs Criminal Law Solicitors

    There are a number of exceptions to the guidelines:

    • The main exception is that a defendant required further information, assistance or advice before indicating a plea.
    1. Where a sentencing court is satisfied that “particular circumstances” significantly reduced the defendant’s ability to understand what was alleged  or, otherwise made it unreasonable to expect the defendant  to indicate a guilty plea sooner than was done , a reduction of one third should still be made.
    2. However, the sentencing courts must ensure that defendants are in the above position and are not merely delaying the entering of a guilty plea in order to assess the strength of the prosecution evidence and the prospects of conviction or acquittal.
    • There are other exceptions covering situations such as:
    1. Where the offender is convicted of a lesser or different offence.
    2. Where a Newton Hearing or Special Reasons Hearing takes place and the defendant’s version of events is rejected.

    How We Can Help? | Kangs Criminal Defence Team

    Kangs Solicitors are regularly instructed to represent people charged with a vast spectrum of Serious Criminal Proceedings and are renowned for providing the best possible service.

    We have a proven track record of assisting clients to achieve the possible outcome and ensure that their case is fully prepared and that they are properly represented.

    Sample Of Previous Cases | National Criminal Team

    Who Can I Contact For Help And Advice? | Kangs Solicitors

    We have a specialist general and complex crime team at Kangs Solicitors who can help you with the full range of criminal cases.

    Arrangements can be made to meet at any of our offices in Birmingham, London and Manchester.

    Please feel free to contact our team through any of the following:

    Hamraj Kang
    hkang@kangssolicitors.co.uk
    07976 258171 | 020 7936 6396 | 0121 449 9888

    John Veale
    jveale@kangssolicitors.co.uk
    0121 449 9888 | 020 7936 6396

    Sukhdip Randhawa
    srandhawa@kangssolicitors.co.uk
    0121 449 9888 | 020 7936 6396

    Tim Thompson
    tthompson@kangssolicitors.co.uk
    07710 6777670121 449 9888 | 020 7936 6396

    Nazaqat Maqsoom
    nmaqsoom@kangssolicitors.co.uk
    0121 449 9888 | 020 7936 6396

     

     

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