Divisional Court Cases
| Published date | 01 January 1965 |
| Date | 01 January 1965 |
| DOI | http://doi.org/10.1177/002201836502900103 |
| Subject Matter | Article |
Divisional Court Cases
CHANGING
PLEA OF GUILTY
R.
v. Guest: ex parte
Anthony
THE above case (1964 IW.L.R. 1273) raised the question
whether adefendantwho has pleaded guilty to a charge on a
summary trial can alter his plea once the conviction has been
recorded in
the
court register.
The
facts giving rise to this
question were
that
on
the
27 April 1964 the applicant appeared
before a Metropolitan magistrate sitting at West
London
magistrates' court on two charges:
(I)
being found by night in
possession of housebreaking implements contrary to the
Larceny Act 19I6 s. 28 (2); (2) assaulting a police officer
contrary to s. 12 of the Prevention of Crimes Act 187!.
The
applicant was represented by a solicitor.
He
consented to both charges being dealt with summarily
and
pleaded guilty.
The
magistrate entered convictions on
this plea in accordance with
S.13
(3) of the Magistrates' Courts
Act 1952 which provides
that-"If
the accused pleads guilty
the
Court may convict
him
without hearing evidence."
The
magistrate was informed of the applicant's previous history
which showed
that
he had come to this country from Antigua
in I960 and had 8previous convictions the last two of which
had been in this country.
The
magistrate thereupon adjourned
the case with a view to notice being given to
the
applicant
under
s.8 of the Commonwealth Immigrants Act 1962 so
that
the
magistrate could consider whether to recommend
the
applicant's deportation and to enable him to hear argument
thereon.
For
this purpose he granted legal aid to the applicant.
At the adjourned hearing counsel for
the
applicant sought
leave to enter pleas of
not
guilty to
both
charges.
The
magistrate refused to re-open the question of
the
applicant's
guilt on the ground
that
having recorded pleas of guilty he had
becomefunctus officio in this respect.
The
magistrate proceeded
to pass sentence
upon
the applicant, being three months'
15
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