Judge’s often give defendants an indication of the sentence they are likely to receive. A formal indication given at the request of the defence is called a Goodyear Direction, but there are also informal indications given in the course of court hearings. Judges are well advised not to say that a defendant will avoid a prison sentence before they are ready to pass sentence, but sometimes they do it anyway.
The recent decision in R v Haslam [2026] EWCA Crim 1125 illustrates the issues that can arise when judges go rogue and tell defendants that they won’t go to prison… until the judge changes their mind!
What happened in Haslam
Michael Haslam pleaded guilty to fraudulent trading. At two earlier hearings, the judge indicated firmly that he would avoid immediate custody. When sentence was eventually passed, however, the judge imposed 28 months’ imprisonment, having reconsidered the impact on the victims.
The Court of Appeal accepted that the judge could change his mind and that immediate imprisonment was not manifestly excessive. It nevertheless found unfairness: the judge’s repeated assurances had created an expectation lasting about three months. His revised assessment did not result from newly available information.
Crucially, suspension remained a lawful sentencing option on the facts. The Court replaced immediate imprisonment with 28 months suspended for two years, with rehabilitation and unpaid-work requirements. It did not hold that every earlier judicial remark must be honoured. The remedy depended on the particular injustice and the sentencing options properly available.
A formal Goodyear indication
Under the procedure established in R v Goodyear [2005] EWCA Crim 888, a defendant can ask the judge to indicate the maximum sentence it would impose if a guilty plea were entered at that stage. The request is made through the defence lawyer. The judge can decline to give an indication.
Where an indication is properly given and acted upon within a reasonable opportunity to consider it, it binds the sentencing judge, including a different judge who later takes over. If the defendant does not plead guilty within that opportunity, the indication ceases to have effect.
This is a structured procedure based on the case as it then stands, not a negotiation in which the judge bargains for a guilty plea. The defendant must understand the allegation and should plead guilty only if guilty. The procedure also does not remove the Attorney General’s power, where applicable, to refer an unduly lenient sentence to the Court of Appeal.
Words and context matter
Before treating something said in court as a promise, it is essential to establish what was actually said. There is a significant difference between a judge asking probation to investigate whether unpaid work is suitable and a judge giving a firm assurance that he will impose a community order instead of a prison sentence.
The defence lawyers should clarify any uncertainty while the case is still before the judge, for example by explicitly asking whether the judge is ruling out a prison sentence. If that wasn’t done then you will have to look at the wider context in which the comment occurred, such as was the discussion a preliminary view? Was it conditional on information still to come? Was a formal indication requested and recorded? Did the comment concern immediate custody, rather than whether there would be a prison sentence capable of suspension? These questions matter more than the label subsequently attached to the conversation.
What to do if the court departs from an indication
The first step is to obtain a reliable record. In the Crown Court, there should be a recording of the hearing from which a transcript can be produced. There are no recordings in the magistrates’ court so you will need to look at the notes made by the lawyers in the room, including the note made by the court’s own legal advisor or court associate.
Your legal team can then assess the correct route. Depending on timing and circumstances, the Crown Court may be asked to reconsider under its power to vary or rescind a sentence. A sentence appeal may also be appropriate. The grounds should identify the legal error or unfairness rather than rely only on disappointment with the outcome.
For a Crown Court sentence appeal, the usual time limit is 28 days from sentence. Permission is ordinarily required, although a trial judge can certify a case as fit for appeal. An extension may be possible, but should never be assumed. Asking the sentencing court to reconsider should not be treated as stopping the appeal clock.
A proposed appeal also does not itself secure release from custody. Any application for bail pending appeal requires separate consideration.
How Chetwode can help
If you are awaiting sentence, we can review the court’s earlier comments, advise on their significance and ensure that relevant material is put before the sentencing judge. If a sentence has already been imposed, we can examine the record and advise promptly on whether there are proper grounds to challenge it.
If a judge has indicated that you would avoid custody and you are concerned about what happens next, contact Chetwode Criminal Defence Solicitors. We can help you understand your position and take the appropriate steps before a deadline is missed.