Once the duty solicitor has taken instructions to conduct a guilty plea, there are some further negotiations and advice to be taken before making submissions, to clarify with prosecution and with the defendant what is to happen:
If not done before taking instructions, check the exact charges with the prosecutor, note in writing the allegations and the defendant’s prior record, and check the defendant agrees entirely with the contents of both the allegations and the prior record. If there is a minor discrepancy, attempt to resolve it on the spot. Remember there is no duty to disclose a defendant’s previous offending record [see Professional Ethics and Court Etiquette chapter and Role of the Duty Solicitor chapter].
Show the prosecutor any character or work references, doctors’ reports and so forth, which you intend to tender for the defendant, and ensure prosecution agree to this. If you have time to do so, take two copies of any such documents and give one to the prosecutor and keep one with your records, the original being tendered to the court.
Explain to the defendant the various sentencing options open to the court (such as the maximum fine, the likely range of fines, bonds, and community service work).
Advise the defendant if a driver’s licence disqualification must be ordered and ask if they need the commencement of the disqualification postponed to settle affairs. In doing so, do not overlook section 168 of the Road Traffic Act 1961 (SA), which prescribes a penalty of licence disqualification for any offence ‘ in the commission of which a motor vehicle was used or the commission of which was facilitated by the use of a motor vehicle’ [see Road Traffic Act 1961 (SA) s 168].
Take instructions from the defendant about the time required to pay fines and court costs, and advise that pecuniary amounts can be converted to community service work by application to the registrar.
Explain to the defendant the effect of a recorded conviction and a ‘without conviction’ order.
Ask the prosecution whether any compensation is being sought. If so check whether that amount is substantiated by invoice/quote/letter on the prosecution file and check the defendant’s ability and willingness to pay.
Get signed instructions from the defendant.
Police Prosecution contact numbers
The direct Police Prosecution numbers for the main metropolitan areas are:
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