Page 64 - Magistrates Conference 2019
P. 64
Discount for a Guilty Plea Cont.
• Whether a defendant pleads guilty at the first reasonable opportunity is
always relevant – this is, however, a matter for particular inquiry rather
than formalistic quantification.
• We consider that the first real opportunity to plead guilty is upon
arraignment. While there is an earlier technical opportunity to plead guilty
available at a preliminary enquiry, in the absence of case management
rules and given the current state of Court lists, this is not a first opportunity
when viewed from any reasonable pragmatic point of view.
• NOTE: Judicial officers should note that the fact that a
person has pleaded “not guilty” to an offence does not
constitute an aggravating factor.
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