*/
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.
Making a move from the Bar to a career in governance: Maria Brookes outlines three good reasons to switch and how to do it
Inés Rivera explains how speech recognition can help barristers create accurate documentation faster
What should barristers be doing on the personal finance front ahead of the end of the tax year on 5 April? Julian Morgan of Fleet Street Wealth answers your questions
Are you ready to embark on this arduous but potentially rewarding journey? Julie Gottlieb of Sherwood PSF Consulting provides a self-examination checklist, hints and tips to help you prepare for a future application
Unlocking your aged debt to augment cash flow in one easy step… By Philip N Bristow of Vector Professions Finance
The Westminster Commission on Miscarriages of Justice, set up to revisit the work of the CCRC after 25 years of operation, identified serious issues that risk miscarriages of justice remaining unidentified or unremedied. By Edward Garnier QC Michelle Nelson QC
Unsparing in his criticism, the former Attorney General reflects on recent events in government and his own experience of being chief legal adviser. Interview by Anthony Inglese CB
Making a move from the Bar to a career in governance: Maria Brookes outlines three good reasons to switch and how to do it
Sports coaches will be caught by a change in the law that addresses the disparity in treatment for 16- to 17-year-olds, writes Cameron Brown QC
Dissent and protest are a healthy safety valve for every democracy, write Sailesh Mehta and Caroline Baker, yet recent events have put the proposals around policing public protest under the spotlight and many do not like what they see
.tmb-carlisting.jpg?sfvrsn=1dbaf4a7_1){kind=avatar}