Obtaining signed instructions

Signed instructions are an important safeguard for our professional legal reputation. Wherever possible, the duty solicitor must get signed instructions from the defendant when they appear as solicitor on a guilty plea to the effect that:

they wish to plead guilty and instruct the duty solicitor to make submissions in mitigation of penalty;
they have been advised of the relevant penalties (including potential imprisonment and disqualification of driver’s licence);
they admit the elements of the offence (for example, they intended not to pay for an item; intended or was reckless as to the likelihood of damage; received property in the knowledge it was stolen);
they are aware of the allegations and do not dispute them (for example, they agree with the number of punches thrown, the specific language alleged);
that no pressure has been put on them to plead guilty and they do so of their own free will;
they have been advised that prosecution may lack proof of a particular element, but nevertheless wish to plead guilty; or
where appropriate, they have no memory of the incident due to drug and/or alcohol ingestion but nevertheless admit the charge and do not challenge the allegations.

A list of the questions the duty solicitor might ask a defendant before acting on a guilty plea is set out in the Guitly Plea Instruction Checklist at the end of this chapter.

Obtaining signed instructions : Last Revised: Mon May 21st 2012

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