Changing Not Guilty to Guilty plea

[PaulSabin]

If I originally plea not guilty, then change to guilty, would my guilty plea still be counted as a good thing when it comes to sentencing.

Only I haven't had a chance to get my case together as I am still awaiting a witness statement from the prosecution. I am in court Monday so need to plea not guilty to have adjournment.

Would it harm the prosecution if it did not have the witness statment to me on time for my hearing?

[Buenchico]

The credit for a guilty plea starts at one third of the sentence for 'at the earliest opportunity' and drops as the case goes further on. If a trial date is set and the defendant pleads guilty 'at the door of the court', credit is around 10%. Thereafter it's less than 10%, or non-existent.

However, those figures are only guidelines. A good defence barrister (or solicitor, as appropriate) should be able to argue that the amount of credit should remain at the maximum until the point when you actually know the full details of what you're accused of. (i.e. until you've had a chance to view the full evidence, including all witness statements, against you).

Chris

[Buenchico]

PS: The prosecution are obliged to provide the defence, in advance, with details of everything they plan to use in court. If you (or your solicitor) haven't been given a copy of the witness statement, it can't be used in court and it's unlikely that the prosecution would be allowed to call the witness to testify against you.

Chris

[PaulSabin]

Thank you so much. I have a "statement of facts" which seems to be a summary, but not the actual witness statement which accompanies the exhibits. (series of photos of my street!)
Thanks again.

[PaulSabin]

Sorry just to clarify, do I need to receive that statement prior to Monday when I need to make my plea? Or prior to the actual date of hearing if I plead not guilty. Thanks.

[Buenchico]

Without knowing the details of your case (or, more specifically, of the legal processes involved with it), it's hard to give an exact answer.

If the case is heading for the Crown Court (or in the early stages of the Crown Court process), it's possible that you could have several court appearances before reaching the 'P&D' (plea & directions) stage. i.e. you might not be required to enter a plea when you attend court on Monday.

Even in a summary (Magistrates' Court) case, it's still possible for the hearing to be adjourned prior to any plea being entered.

You really need to consult a solicitor urgently. If at all possible (i.e. if your work and/or family commitments allow), you should speak to your solicitor tomorrow. (If you've not already got a solicitor, it would be well worth engaging one).

If you really can't consult a solicitor before Monday, you should get to the court early and ask to speak to the duty solicitor. His/her services are limited but free. At least you'll have some guidance as to how to proceed.

Chris

[PaulSabin]

Thanks Chris,
It's just a case being brought by the local council in the magistrates and if I plead guilty it ends on Monday. Not guilty and it is adjourned to have time to arrange witnesse attendance or someting.

Thanks for your replies they have been very helpful.

[seatrout]

I prosecute on behalf of the CPS my approach to the question of credit is to argue that there is only one person in the court room that knows for certain whether or not you committed the offence and thats you!

If you have seen the case summary then you know what the case against is about - if you plead guilty you should get full credit. If you plead not guilty until all the statements are served then I would argue that you should not be given full credit because you have waited to see if the prosecution has enough evidence before holding your hands up

I'm just a hard bitten prosecutor who gets fed up with defence solicitors wasting everyones time by seeking adjournments in hopeless cases. The idea of credit for a early guilty plea is that it saves everyone time and effort

[PaulSabin]

Hi Seatrout.

My problem is I know I am innocent but it is a case of someones word against mine. There is no real proof either way. I need to challenge his statement.

The person is a civilian who works for the council so is in position of "authority" so I am at what I percieve to be an immediate disadvantage. I need to see his statement to see if any of his contradictions or exagerations stand out.

I don't want to waste anyones time.

[seatrout]

If its a criminal case then the burden of proof is with the prosecution and the standard of proof is beyond a reasonable doubt. The court may feel there is a doubt if its one word against the other. The fact that he is a council official should not make any difference to the weight given to his evidence.

If its a civil case then the burden of proof is on a balance of probabilities - a much lower test.

If you havent done it then you must plead not guilty

[PaulSabin]

Hi Seatrout,
I pleaded not guilty despite the prosecutor - yes prosecutor - advising I should move for an adjournment until I have formally received the witness statement, in order not to lose my guilty plea credit. I did not want to hang around awaiting adjournments.

My question is that now have possession of the witness statement under oath. This directly contradicts what is written in his PACE book. Do you think this should be mentioned at my pre trial hearing? How important are his contemperanous notes? He is using the PACE notes as an exhibit at some point. Could this tip the balance towards my favour or can he somehow excuse the discrepencies of statement under oath and the contemperaneous PACE notes?

Plus can a case be stopped at the pre trial stage if I provide evidence which the prosecuition or magistrates may seem overwhelming? Many thanks.