on 05-04-2013 09:01 PM
Say you committed a crime. You have to plead guilty or not guilty.
What's really the difference between if you go to trial and be found guilty vs admitting you're guilty to start off with.
Do you get a more lenient sentence or something???
If not, wouldn't you be better off pleading not guilty and see how it plays out in trial.
on 06-04-2013 01:08 PM
someone else might be able to confirm this or not ...if the plea did revert back to 'not guilty' would new legal representation be found and not informed of the previous plea bargaining ?
on 06-04-2013 01:22 PM
Solicitors Rules - 20 - Admission of guilt
20.1 If a practitioner's client, who is the accused or defendant in criminal proceedings, admits to the practitioner before the commencement of, or during, the proceedings, that the client is guilty of the offence charged, the practitioner must not, whether acting as instructing practitioner or advocate -
20.1.1 put a defence case which is inconsistent with the client's confession;20.1.2 falsely claim or suggest that another person committed the offence; or20.1.3 continue to act if the client insists on giving evidence denying guilt or requires the making of a statement asserting the client's innocence.
20.2 A practitioner may continue to act for a client who elects to plead "not guilty" after admitting guilt to the practitioner, and in that event, the practitioner must ensure that the prosecution is put to proof of its case, and the practitioner may argue that the evidence is insufficient to justify a conviction or that the prosecution has otherwise failed to establish the commission of the offence by the client
20.2 answers my question I think.
on 06-04-2013 01:25 PM
Iza, you could also check out my posts 65 and 66 🙂
on 06-04-2013 01:37 PM
yes.Thanks Katy 🙂
In that case things were weighed up before agreeing to the terms attached to the guilty plea.These being the environment (or mindset may be a better word) of the local population who would be jury members and their attitude to the crime, the importance of a guilty finding,and I think too ....the cost and time involved in Trial by Jury.
The accused got off very lighter imo (this more evident later ...after hearing the history of the accused).