What are TICs?

 TICs are offences that are to be taken into consideration when sentencing takes place.

When would I be asked about them?

If you’ve pleaded guilty to an offence or are about to or have been sentenced, you can admit to further offences and request that they be taken into account when you’re sentenced.

You may also be approached by the police and asked if you wish to accept any TICs. It is critical that you seek legal guidance because accepting TICs has ramifications and poses hazards.

 What happens?

If you admit to other offences and the police and prosecution agree, a schedule of the offences will be compiled and presented to the court.

It is then up to the court to decide whether or not to consider them.

On the plus side, the court will take into account your cooperation with the police and sincere desire to “clear the slate.” Any consideration of the TICs will affect your sentence, however it may not be as significant as if you were convicted separately for that offence.

On the downside, accepting TICs may result in a significantly enhanced sentence because they are viewed as an aggravating element, especially if there are several. The whole punishment issued must take into account all of the wrongdoing. In the case of TICs, you may also be compelled to pay compensation. Furthermore, you will never know if those offences were ever related to you, so you may be confessing more than can be proven. In fact, it’s a simple trade-off: peace of mind versus looking back, wondering if the past will catch up with you.

If you wish to wipe the slate clean it is important to ensure that all outstanding offences are admitted, otherwise you may not receive any discount if a future prosecution is brought. In the recent case of Murray

[2018] EWCA Crim 1252 the court observed (citing an earlier case of McLean [2017] EWCA Crim 170):“It seems to us however that this appellant must have made a conscious choice not to disclose the July 2014 matter in the hope that it would go undetected. In those circumstances he cannot now claim to be sentenced as if both matters should have been dealt with together in January 2015. To permit that to happen at this stage would be unjust to the public interest in giving the appellant an undeserved, uncovenanted bonus. This case therefore is a salutary illustration of the benefits which can accrue to offenders from making voluntary admissions of additional offending and the risks that they run if they choose not to do so.”

What sort of offences can be considered?

 Similar offending is likely to be accepted as a TIC. An offence is unlikely to be accepted as a TIC if –

  • it is an admission to an offence more serious than the one you have pleaded guilty to;
  • it is an offence that would attract disqualification or penalty points on conviction;
  • if it is an offence committed in breach of an earlier sentence;
  • where it is an offence completely dissimilar to the one charged; or
  • where it is a specified offence when the charged offence is not.

If I admit further offences will they definitely be TICs?

 Not necessarily. Admissions under the circumstances described above may result in additional criminal charges being brought against you, which is why you should get legal assistance.