22Guilty plea to be taken into account for offences not dealt with on indictment

#### 22 Guilty plea to be taken into account for offences not dealt with on indictment 22 Guilty plea to be taken into account for offences not dealt with on indictment > > (1) In passing sentence for an offence on an offender who has pleaded guilty to the offence, a court must take into account— > > > > > (a) the fact that the offender has pleaded guilty, and > > > > > (b) when the offender pleaded guilty or indicated an intention to plead guilty, and > > > > > (c) the circumstances in which the offender indicated an intention to plead guilty, > > > > and may accordingly impose a lesser penalty than it would otherwise have imposed. > > > (1A) A lesser penalty imposed under this section must not be unreasonably disproportionate to the nature and circumstances of the offence. > > > (2) When passing sentence on such an offender, a court that does not impose a lesser penalty under this section must indicate to the offender, and make a record of, its reasons for not doing so. > > > (3) Subsection (2) does not limit any other requirement that a court has, apart from that subsection, to record the reasons for its decisions. > > > (4) The failure of a court to comply with this section does not invalidate any sentence imposed by the court. > > > (5) This section applies only to a sentence for an offence that is dealt with summarily or to a sentence for an offence dealt with on indictment to which Division 1A does not apply. > > > > Note. > > > > Discounts for the utilitarian value of a guilty plea to other offences are provided for by Division 1A. > > **s 22:** Am 2010 No 136, Sch 1.2 \[1\] \[2\]; 2017 No 55, Sch 2 \[3\].