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Guilty Pleas

Introduction
Legislation relevant to guilty pleas
Accessing case law relevant to guilty pleas
Loose-leaf services
Penalty Summaries
General Sentencing Purposes, Principles and Factors
Factors relating to the offence
Factors relating to the victim
Factors relating to the defendant
Factors relating to the general principles of sentencing
Other relevant considerations
Cooperation with law enforcement - s 37
Discount for early guilty plea - ss 39 and 40
Taking further offences into account
The imposition of pecuniary sums
Trifling offences
Penalty without conviction
Taking instructions to advise whether to plead guilty
Refusal to give advice or representation on a plea
Unable to take proper instructions and consider the matter in full:
Real likelihood of a penalty of imprisonment:
No likelihood of a penalty of imprisonment
Giving advice and/or representation on a plea
Advising defendants about whether to plead guilty
Defendants who wish to make a “convenience plea”
The importance of accurate recording of instructions and advice
When to accept instructions to appear on a guilty plea
Defendants in custody
Defendants not in custody
Special ethical considerations
Acting for a defendant who has changed instructions from not guilty to guilty
Acting for co-charged defendants on a guilty plea
Where the defendant gives implausible instructions
Instances where instructions should not be accepted
Conducting a plea of guilty as a duty solicitor
Objectives of a simple guilty plea
Obtaining signed instructions
Negotiation and advice before making submissions
Police Prosecution contact numbers
Pre-sentence and psychiatric reports
Pre-sentence reports
Psychiatric reports
Taking instructions for a guilty plea

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