MG18 – OTHER OFFENCES (TIC) GUIDANCE NOTES

1. Offences committed by the defendant and not included in the list of charges or on the indictment may be taken into consideration (TIC) by the court when sentencing if:

 The defendant admits them and consents to them being TIC

 The court has jurisdiction (e.g. a magistrates’ court cannot TIC an indictable only offence), and

 The offences are similar to the offence(s) for which the defendant has been convicted. If the offences to be TIC are dissimilar to the one(s) for which the defendant has been convicted they should not be TIC without the court first considering whether, in all the circumstances, it is proper to do so.

2. Caution should be exercised when taking into consideration offences which, if they were charged, may result in disqualification under “totting up” provisions.

3. It is essential that MG18s are fully completed prior to the first hearing. This will enable TICs to be dealt with if the case is concluded and sentencing occurs. If the case is concluded at that hearing, the issue of compensation can also be dealt with by the court.

Documents to support claims e.g. estimates should be included at time of submission.

Any delay in receiving this information should be noted on MG6.

See Note 7.

Original documents to be retained by police. Copies to CPS should be edited so as to not disclose the victim’s address.

See Note 9.

Section 9 of the MG5 must be completed if compensation is required irrespective of whether the person seeking compensation has been sent an MG19 and/or has completed it.

The reason for this is that in the event of an initial guilty plea at first appearance at magistrates’ court, the MG19 may not have been returned and is unavailable to the prosecutor at the time the court deals with compensation.

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