*/
CBA Chairman raises concerns
The Criminal Bar Association (“CBA”) has given a lukewarm response to Government proposals to offer defendants who plead guilty at the earliest stage a 50 per cent reduction in their sentence.
The Ministry of Justice outlined its plans in December in a Green Paper, “Breaking the cycle: effective punishment, rehabilitation and sentencing of offenders”.
Christopher Kinch QC, Chairman of the CBA, said: “I am not sure the proposal will, on its own, significantly reduce late pleas of guilty.
“The guilty defendant who delays his plea until the very moment of the trial may not be of a mind to commit to an early plea however attractive the discount. From the point of view of the Criminal Justice System an early guilty plea is clearly better, quicker and cheaper than a late guilty plea. What sometimes gets lost in this discussion is that a late guilty plea is still better than the alternative of a full scale trial.
“I also have a concern that too much pressure may be put on defence lawyers to encourage early pleas. The relationship between a defendant and his lawyers is a delicate one which has to be based on confidence. Lawyers who begin their advice to a client with a heavy slant towards the merits of pleading guilty will find it hard to build that necessary confidence.”
He said it was not yet clear what the Government meant by “the earliest stage”, and warned that anyone considering entering an early plea should be given “full and informed advice”.
The paper also proposes increased use of restorative justice measures; introducing reforms to make offenders directly compensate victims of crime; and simplifying the sentencing framework so that judges have more discretionary powers.
The consultation period closes on 4 March 2011.
The Ministry of Justice outlined its plans in December in a Green Paper, “Breaking the cycle: effective punishment, rehabilitation and sentencing of offenders”.
Christopher Kinch QC, Chairman of the CBA, said: “I am not sure the proposal will, on its own, significantly reduce late pleas of guilty.
“The guilty defendant who delays his plea until the very moment of the trial may not be of a mind to commit to an early plea however attractive the discount. From the point of view of the Criminal Justice System an early guilty plea is clearly better, quicker and cheaper than a late guilty plea. What sometimes gets lost in this discussion is that a late guilty plea is still better than the alternative of a full scale trial.
“I also have a concern that too much pressure may be put on defence lawyers to encourage early pleas. The relationship between a defendant and his lawyers is a delicate one which has to be based on confidence. Lawyers who begin their advice to a client with a heavy slant towards the merits of pleading guilty will find it hard to build that necessary confidence.”
He said it was not yet clear what the Government meant by “the earliest stage”, and warned that anyone considering entering an early plea should be given “full and informed advice”.
The paper also proposes increased use of restorative justice measures; introducing reforms to make offenders directly compensate victims of crime; and simplifying the sentencing framework so that judges have more discretionary powers.
The consultation period closes on 4 March 2011.
CBA Chairman raises concerns
The Criminal Bar Association (“CBA”) has given a lukewarm response to Government proposals to offer defendants who plead guilty at the earliest stage a 50 per cent reduction in their sentence.
Efforts continue on gender equality, support for the Bar, meaningful reform for the sector and advocating for the rule of law
To mark International Women’s Day, Louise Crush of Westgate Wealth Management looks at how financial planning can help bridge the gap
Casey Randall of AlphaBiolabs answers some of the most common questions regarding relationship DNA testing for court
Leading drug, alcohol and DNA testing laboratory AlphaBiolabs has made a £500 donation to Beatson Cancer Charity in Glasgow as part of its Giving Back campaign
Girls Human Rights Festival 2025: a global gathering for change
Exclusive Q&A with Henry Dannell
Marking Neurodiversity Week 2025, an anonymous barrister shares the revelations and emotions from a mid-career diagnosis with a view to encouraging others to find out more
Patrick Green KC talks about the landmark Post Office Group litigation and his driving principles for life and practice. Interview by Anthony Inglese CB
Desiree Artesi meets Malcolm Bishop KC, the Lord Chief Justice of Tonga, who talks about his new role in the South Pacific and reflects on his career
Sir Nicholas Mostyn, former High Court judge, on starting a hit podcast with fellow ‘Parkies’ after the shock of his diagnosis
Once you submit your silk application, what happens next? Sir Paul Morgan explains each stage of the process and reflects on his experience as a member of the KC Selection Panel
