DR WS14
Initial Steps in Criminal Proceedings
Advising client on a plea
Client’s decision
The plea is the client’s decision and the solicitor should remind their client that a guilty plea will lead to
a
reduced sentence compared to if they plead not guilty and are then convicted
Professional conduct point
Para 1.4 = If solicitor is told by D that he is guilty but intends to enter a not guilty plea then this will raise
professional conduct issues
might still be able to represent him but there is an overriding duty not to mislead the court
will be limited to cross-examining prosecution witnesses and put the prosecution to proof of their
cases
will be unable to act if a submission of no case to answer is made and does not succeed and client
wishes to enter witness box to give evidence solicitor knows to be false
should advise the client of benefits of entering guilty plea and limitations of his ability to continue
representing the client were he to enter a not guilty plea
Next steps for solicitor
At this stage the defence solicitor should:
Obtain funding from the LAA to pay for the work he will do on his client’s behalf (unless paying
privately)
obtain details of the prosecution case from the CPS
take a statement from the client
advise the client on the strength of the prosecution evidence and the plea that the client should
enter
in the case of an either way offence, inform the client that his case may be dealt with by either MC or
CC
and advise on advantages of this;
make an application for bail where necessary
1
Initial Steps in Criminal Proceedings
Advising client on a plea
Client’s decision
The plea is the client’s decision and the solicitor should remind their client that a guilty plea will lead to
a
reduced sentence compared to if they plead not guilty and are then convicted
Professional conduct point
Para 1.4 = If solicitor is told by D that he is guilty but intends to enter a not guilty plea then this will raise
professional conduct issues
might still be able to represent him but there is an overriding duty not to mislead the court
will be limited to cross-examining prosecution witnesses and put the prosecution to proof of their
cases
will be unable to act if a submission of no case to answer is made and does not succeed and client
wishes to enter witness box to give evidence solicitor knows to be false
should advise the client of benefits of entering guilty plea and limitations of his ability to continue
representing the client were he to enter a not guilty plea
Next steps for solicitor
At this stage the defence solicitor should:
Obtain funding from the LAA to pay for the work he will do on his client’s behalf (unless paying
privately)
obtain details of the prosecution case from the CPS
take a statement from the client
advise the client on the strength of the prosecution evidence and the plea that the client should
enter
in the case of an either way offence, inform the client that his case may be dealt with by either MC or
CC
and advise on advantages of this;
make an application for bail where necessary
1
