Guilty Plea Representation

When you are charged with an offence, one of the first steps you must take is to enter your plea. If, like many Defendants, you wish to enter a guilty plea then you would no doubt benefit from guilty plea representation. However, entering a not guilty plea may be the way you wish to proceed; this approach would usually conclude in a trial following a review of the relevant evidence and preparation of your defence.

Entering a guilty plea can be the correct approach in a number of cases, and this article will explore the instances in which you may wish to proceed with a guilty plea and the benefits of doing this.

What Is A Guilty Plea?

A guilty plea means that you accept the charge against you and agree that you committed the offence alleged. A guilty plea can be entered at any point before the conclusion of the trial, but the point at which the plea is entered can impact the sentence imposed.

Entering a guilty plea to a criminal offence should not be taken lightly, and whilst it can often be the correct decision, it is advisable that you contact a legal professional before you make your decision. In some cases, defendants may believe that they are guilty as they believe they are ‘morally responsible’ but may actually benefit from a defence and not be guilty in the eyes of the law. Considering the full facts of the case, including your own recollection of events, is a vital step in the decision-making process.

What Are The Benefits Of An Early Guilty Plea?

Early guilty pleas can be beneficial for a number of reasons. It isn’t the right option for everyone, but if you are considering pleading guilty, it might be worth sparing a thought for the following:

Faster resolution of the case

• If you are entering a guilty plea at an early stage of your case, then the matter will undoubtedly conclude much quicker than if the case was taken to trial.
• For most motoring offences, the court will proceed to sentence you either following your written response entering a guilty plea or immediately after you enter a guilty plea at court in person.
• Taking a case to trial can mean that you do not get a resolution for months on end, with many trial dates being pushed back for lack of court time or available prosecutors.

Reduced costs

• If you decide to enter a guilty plea at an early stage in the case, then it is likely that you will benefit from reduced legal costs.
• Challenging a case requires a greater level of preparation and usually court attendances and can therefore cost considerably more.

Credit

• In criminal cases, you will be given something called ‘credit’ when you enter an early guilty plea.
• The amount of credit you get will reduce the longer the case goes on and the closer you get to trial.
• The maximum credit you can benefit from is 1/3, and this credit can help to reduce fines, community orders and even custodial sentences.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

What Is A Basis Of Plea?

Not all guilty pleas are straightforward. In some cases, you may concede that you are guilty of the offence alleged but still disagree with the facts of the case or some of the allegations made.

In many cases, there will be no benefit in raising these concerns as the facts in question may not have any material impact on the sentence to be imposed. However, some facts can be extremely important, and you may therefore wish to enter something known as a ‘basis of plea’.

Example

A good example of a basis of plea is where you concede that you are guilty of a speeding offence but do not agree with the speed being alleged. It can be useful to consider a basis of plea in this type of case as a lower speed may mean less points.

A basis of plea can sometimes be agreed with the prosecution in advance of you entering a plea. When the prosecution are not agreeable with a basis you have two options:

1. You can agree to enter a guilty plea on the facts as they are presented by the prosecution; or
2. You can proceed to a ‘Newton Hearing’ in which the court will make a decision on which facts they believe to be correct and then proceed to sentence you on those facts.

The best option for you will depend on the facts of your case and the potential impact these facts may have on the outcome and sentence. In order to determine whether there is any benefit in taking this approach you should contact a legal specialist.

The Benefit Of Mitigation

Many people will want to enter a guilty plea and attend court to present mitigation. Effectively putting forward mitigation as to either the circumstances of the offence or your personal situation can significantly reduce the penalty imposed.

Whilst there are a host of specific legal approaches that can be taken when presenting mitigation, the main factors considered by the court when dealing with motoring offences are:

• Explanations as to why the offence occurred.
  • It is always important to clarify the difference between an excuse and an explanation. If you are entering a plea of guilty there will rarely be benefit in trying to excuse your actions, however, a good explanation can go a long way in court.
• • Showing the court that you understand the severity of the offence committed and the impacts that this could (or indeed may have) had on others is very important. Sometimes, showing the court how you have taken proactive steps to ensure the offence does not re-occur can be a useful tactic.
• Clarifying the impacts of sentence on you and others
  • Many people rely on their licence for their jobs, finances, family, health and livelihoods. Giving clear and detailed evidence regarding why this is so important could be a reason for the court to reduce the sentence.

In more specific circumstances your mitigation may be presented in the form of an exceptional hardship argument or special reason.

• Exceptional hardship
  • These cases require Defendants to present mitigation regarding the impact of a ‘totting-up’ disqualification.
  • Should the court be persuaded that the disqualification would cause you or others exceptional hardship, they can use their discretion to vary the sentence they impose.
  • In most cases, a successful exceptional hardship argument will lead to the court not imposing the totting-up disqualification at all.
• Special reasons
  • A special reasons argument is generally presented where a Defendant is technically guilty of an offence but feels that the circumstances of the offence are such that they should not be punished.
  • Special reasons arguments are difficult and must be agreed upon at the discretion of the court.
  • Whilst difficult, this argument exists because there are many cases where the Defendant has reduced culpability or good reason for committing the offence.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

What Is The Purpose Of Representation?

Not all guilty plea representation is straight forward and in many cases a Defendant could benefit from expert legal advice when approaching their case in this way.

The expertise of a legal professional can help to obtain the desired outcome, circumvent severe sentences, reduce disqualifications and in some cases avoid the sentence altogether. Should you wish to instruct Caddick Davies Solicitors we can:

• Gather any relevant supporting evidence
  • Evidence is not only relevant in defences but can play an important role in mitigation and presenting your version of events.
  • Character references, medical documents, financial records and even witness statements can be of benefit to your case.
• Prepare complex legal arguments
  • In cases where you wish to enter a basis of plea, present a special reasons argument or plea exceptional hardship there may be the need for a complex legal argument.
  • Where necessary we can prepare skeleton arguments to help direct the court and structure your mitigation in the most persuasive and legally accurate way.
• Present the case in writing or in person
  • Some cases require court attendance whilst others can be dealt with in writing.
  • In either circumstance, we can ensure that the pressure of presenting the case is taken out of your hands.

At Caddick Davies Solicitors we will always provide honest advice regarding how we can help and the impact that this may have on the sentence.

When Should You Seek Legal Advice?

In cases where you wish to obtain representation for a guilty plea, it is extremely important that you engage with us at the earliest opportunity.

Cases that are being dealt with by way of a guilty plea are generally concluded much faster and the window of time to prepare the case is therefore limited. In order to ensure that the best approach is taken, and all mitigation obtained, you should contact a solicitor the moment you are aware of any potential charge.

Generally, motoring offences are charge by way of a Single Justice Procedure Notice or Postal Requisition. In some cases, you may receive some form of conditional offer.

If you have received any of the above I would advise that you contact a legal professional for advice.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Final Thoughts – Guilty Plea Representation

Guilty plea representation is a crucial component of the criminal justice system in the United Kingdom. Without legal assistance, Defendants may not understand the benefit of mitigation or the legal arguments that could be presented in order to mitigate their sentence. A well-advised guilty plea, presented correctly by an experienced representative, can result in shorter disqualifications, reduced legal costs and even the avoidance of custodial sentences and community orders.

Motoring offences can be particularly complex, and there are a number of approaches that can be taken depending on the specifics of your case. Guilty plea representation is often misunderstood as a ‘one approach fits all’ situation, it is our view that a tailored and directed approach represents your best chance at mitigating the sentence.

Not all cases will benefit from a guilty plea. However, it is always best to consult with a legal professional about your options before making any decision.

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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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