Change of Plea in UK Law

Leading Cases
  • R v Chalkley ; R v Jeffries
    • Court of Appeal (Criminal Division)
    • 18 Diciembre 1998

    Thus, a conviction would be unsafe where the effect of an incorrect ruling of law on admitted facts was to leave an accused with no legal escape from a verdict of guilty on those facts. A change of plea to guilty in such circumstance would normally be regarded as an acknowledgment of the truth of the facts constituting the offence charged.

  • R v Drew
    • Court of Appeal (Criminal Division)
    • 03 Mayo 1985

    In our judgment only rarely would it be appropriate for the trial Judge to exercise his undoubted discretion in favour of an accused person wishing to change an unequivocal plea of guilty to one of not guilty. Particularly this is so in cases where, as here, the accused has throughout been advised by experienced counsel and where, after full consultation with his counsel, he has already changed his plea to one of guilty at an earlier stage in the proceedings.

  • R v Hafeez Sheikh ; R v Saqeb Sheikh ; R v Junaid Sheikh
    • Court of Appeal (Criminal Division)
    • 08 Marzo 2004

    It is well accepted that quite apart from cases where the plea of guilty is equivocal or ambiguous, the court retains a residual discretion to allow the withdrawal of a guilty plea where not to do so might work an injustice. Examples might be where a defendant has been misinformed about the nature of the charge or the availability of a defence or where he has been put under pressure to plead guilty in circumstances where he is not truly admitting guilt.

    He further found that by their pleas the appellants were freely confessing their guilt. For these appeals to succeed it must be shown that the judge misdirected himself or took account of matters which he should not have taken account of or failed to take account of matters to which he should have had regard or that he exercised his discretion in a wholly unreasonable manner.

  • R v Saik
    • Court of Appeal (Criminal Division)
    • 24 Noviembre 2004

    For an appeal against conviction to succeed on the basis that the plea was tendered following erroneous advice it seems to us that the facts must be so strong as to show that the plea of guilty was not a true acknowledgment of guilt. The advice must go to the heart of the plea, so that as in the cases of Inns and Turner the plea would not be a free plea and what followed would be a nullity.

  • Kinsella v DPP
    • Queen's Bench Division (Administrative Court)
    • 13 Marzo 2002

  • R v Nazham
    • Court of Appeal (Criminal Division)
    • 09 Marzo 2004

    On 5 th September 2000 Hameed Nazham says that he and his cousin were taken to court early and were put in a holding cell together. No lawyer visited them until after Mr Latham had been to see the judge. Mr Latham and Mr Panton then collected him from the cell to have a conference. Mr Latham said that he had just returned form the judge's chambers, the judge having summoned all counsel. The judge had asked about his plea, and Mr Latham had indicated that he was still pleading not guilty.

See all results
Legislation
  • The Criminal Legal Aid (Remuneration) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... to a case which goes to trial, the trial;(b) in relation to a guilty plea (within the meaning of Schedule 1) , the hearing at which pleas are taken ... mentioned in sub-paragraph (1) —(i) there is a substantive change to a count on the indictment and the defendant pleads guilty; orF314(ii) ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... for the time being given under rule 46.2 (Notice of appointment or change of legal representative) , provided that person is entitled to conduct ... , decide whether to proceed nonetheless;(b) take the defendant's plea (unless already done) or if no plea can be taken then find out whether the ... ...
  • Common Law Procedure Act 1852
    • UK Non-devolved
    • 1 de Enero de 1852
    ... ... the Time to plead, so indorsed as aforesaid; and in the event of no Plea being delivered, where the Cause of Action mentioned in the Declaration is ... to revive a Judgment by reason either of Lapse of Time, or of a Change, by Death or otherwise, of the Parties entitled or liable to Execution, ... ...
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners) , in subsection (3) , ... (10) In section 8 (duty to include date of birth and sex in written plea of guilty) , after paragraph (a) (but before “or”) insert—(aa) ... ...
See all results
Books & Journal Articles
  • Quarter Sessions
    • No. 31-3, July 1967
    • Journal of Criminal Law, The
    ... ... Quarter Sessions THE RIGHT TO CHANGE A PLEA R. v. Gould I N a recent case at the Inner London Sessions, ... ...
  • Divisional Court Cases
    • No. 35-2, April 1971
    • Journal of Criminal Law, The
    ... ... CHANGE OF PLEA R. v. Mutford and Lothingland Justices: ex parte Harber R ... ...
  • Divisional Court Cases
    • No. 34-3, July 1970
    • Journal of Criminal Law, The
    ... ... The doctor told him that it was too late to change his mind whereupon the defendant consented to supply a specimen of ... agreed and the appeal was therefore dismissed with costs. CHANGE OF PLEA AFTER SENTENCE R. o. Tottenham Justices: ex parte Rubens R. o, Middlesex ... ...
  • Comments on Cases
    • No. 39-1, January 1975
    • Journal of Criminal Law, The
    ... ... - viction and sentence and claimed the right to withdraw his plea of guilty. The factual basis of this claim was that he ... the Supreme Court asking whether he had jurisdiction to allow a change of plea and, if so, whether it was mandatory upon him or at his ... ...
See all results
Law Firm Commentaries
  • Attorney General's Guidelines On Plea Discussions In Cases Of Serious Or Complex Fraud
    • Mondaq United Kingdom
    ... ... If a defendant refuses to take part in discussions the ... prosecutor should not make a second approach without a material ... change in circumstances ... To initiate plea discussions the prosecutor will send the ... defendant's representatives an invitation letter which asks ... ...
  • Fraud Trials: Plea Negotiation- Plea Bargaining
    • Mondaq United Kingdom
    ... ... shortcut, should we not be alarmed by yet another example of ... parliamentary debate being denied to a fundamental change in ... our criminal justice policy, particularly when the safeguards ... which the committee and the Attorney General accept are ... ...
  • To Plead Or Not To Plead?
    • JD Supra United Kingdom
    Two of our lawyers published an article on recent sentencing developments in the Chartered Institution of Wastes Management's (CIWM) monthly journal. The article discusses the impact of the Environ...
    ... ... one safety case. A further change will ... come into force in June 2017, making it ... harder ... third reduction to their sentence for ... entering a guilty plea. So what does this ... mean for the waste industry? ... It will ... ...
  • Falling National Lottery sales may challenge UK Sport’s ‘brutal but effective’ funding model
    • LexBlog United Kingdom
    On the evening of 29 November 2016 at least one national newspaper was reporting that UK Sport, the body responsible for funding elite sport in the UK, had made a ‘last-ditch funding plea to Govern...
See all results
Forms
  • Form T619
    • HM Courts & Tribunals Service court and tribunal forms
    Special Immigration Appeals Commission forms including notice of appeal.
    ... ... are sending addit i onal docu m ents w i th th i s form plea s e list them all here, including the HO letter/notice: ... ... Signed: ... Da t e: ... Section 9   Change of Details Notificat i on ... Abo u t this F orm ... ... ...
  • Annex E - Financial circumstances
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... When c omp l eti n g the Financial Circumstances Form, plea s e consult C ountry Prof i le of the r e quest e d State ... , if applicable, the exchange rate (and date of e x change rate) if the a m ounts are converted into the currency ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT