Criminal Pleas

Question 1

Rule 39 - Duties of representing accused

Answer 1

Duty of barrister representing a person charged with a criminal offence: (a) to advise client generally about any plea to a charge and (b) to make clear it is client’s freedom to choose pleas to be entered.

Question 2

Rule 40 - Likely conviction

Answer 2

In an appropriate case, can advise client in strong terms that they are unlikely to escape conviction and PG is regarded as mitigating factor

Question 3

Rule 41 - Innocent accused insists on guilty plea (effect; mitigation; choice; continue)

Answer 3

Where client denies committing off. charged but insists on PG, barrister:
○ (a) Must advise client of effect of PG - admitting guilt to all the world in respect of all elements of the charge
○ (b) Must advise that matters submitted in mitigation after PG must be consistent with admitting guilt in respect of all the elements
○ (c) Must be satisfied client is making free and informed choice to PG
○ (d) May otherwise continue to represent the client.