Before accepting instructions to act on a plea of guilty, the duty solicitor must ensure that:
AIM TO ACHIEVE THE OPTIMUM RESULT |
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Having accepted the defendant’s instructions, the aim for the duty solicitor is to achieve the optimum result by way of penalty for the defendant, such as without conviction, a minimal fine, the shortest reasonable period of licence disqualification, probation conditions that do not set the defendant up to fail, and to make sure the defendant is dealt with fairly and without humiliation. To achieve this, the duty solicitor should try to:
There are three segments to your plea, usually presented in this order but not necessarily so:
REMEMBER the defendant’s plea of guilty is itself a sign of contrition warranting leniency in sentence. The aim is to achieve the best outcome for the defendant and in the course of submissions the duty solicitor must not make the situation any worse for the defendant. |