In what circumstances can offences be taken into consideration?
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 about. At that stage or by his own will the suspect can admit responsibility for any number of such offences.
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.
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 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.
For more information on:
- What is the effect of the TICs?
- What is the benefit of admitting TICs?