This is what I was thinking of, that I had read elsewhere recently. Where the defendant admits they did the crime and wants to plead guilty.
Advising a defendant who wants to make a convenience plea
The advice a duty solicitor gives to a defendant in these circumstances must be circumspect, careful, clear and recorded in detail for possible future reference [see Stengle v Wells [1985] SASC S4958 (Unreported,Cox J, 30 April 1995)].
The duty solicitor should:
Explain that the Magistrate cannot accept a plea of guilty when the defendant is actually saying they are not guilty of the offence (for example, by denying one or more of the elements of the offence). Stress that in refusing to accept the plea the Magistrate is acting in the defendant’s best interests and in the interests of justice.
Explain the elements of the offence and listen to what the defendant has to say about what happened and what they intended at the time.
Where the defendant’s instructions indicate that they do not admit one of the elements of the offence (for example, in a shoplifting charge, they are saying they did not intend to steal the item), the duty solicitor should advise them that on the basis of what they have said happened, they are not guilty of the offence and should not plead guilty.
If they still insist they wish to enter a plea of guilty, and ask the duty solicitor to appear to represent them on such a plea, the duty solicitor must tell them they cannot and will not do so because it is unethical for them to act for them in these circumstances.
Keep detailed notes of the instructions the defendant has given and their subsequent advice to the defendant.
