There are some exceptional cases involving people in custody for whom the duty solicitor may present a guilty plea. As always, this should only be done where there is sufficient time to obtain proper instructions, to consider whether the defendant is in fact guilty of the offence(s), and to obtain proper instructions on the allegations, any alleged prior record and any relevant circumstances in mitigation of penalty.

Such exceptional cases include:

The duty solicitor has discretion to conduct pleas of guilty, if time permits, for a defendant who is not in custody and where:

Some examples of offences which may arise in this situation are:

The duty solicitor will almost always be able to justify conducting a plea of guilty provided there is no other consideration stopping them from doing so because there is always potential for a miscarriage of justice if a defendant appears unrepresented [see considerations as discussed in this chapter]. Some reasons why a defendant is unable to adequately represent themself are:

Youth: many young defendants are afraid to tell their parents they have been charged with an offence.

Age: elderly people often suffer extreme embarrassment at appearing before the court and cannot communicate effectively.

Language difficulties: the Court will arrange for an interpreter, however the defendant may continue to require the assistance of the duty solicitor.

Physical or mental health problems: it is crucial that particular difficulties be explained to the Court both in mitigation of penalty and to guard against an inappropriate or excessive form of penalty being ordered.

Lack of discretionary income: for example women without their own source of income who are ashamed or afraid to tell their partners that they have been charged with an offence or to ask for money to pay for legal representation.

Any other reason: where it appears likely that the defendant would not be dealt with fairly unless the duty solicitor appears for them and speaks on their behalf.