*/
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.
Kirsty Brimelow KC, Chair of the Bar, sets our course for 2026
What meaningful steps can you take in 2026 to advance your legal career? asks Thomas Cowan of St Pauls Chambers
Marie Law, Director of Toxicology at AlphaBiolabs, explains why drugs may appear in test results, despite the donor denying use of them
Asks Louise Crush of Westgate Wealth Management
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
Q and A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
The appointments of 96 new King’s Counsel (also known as silk) are announced today
With pupillage application season under way, Laura Wright reflects on her route to ‘tech barrister’ and offers advice for those aiming at a career at the Bar
Jury-less trial proposals threaten fairness, legitimacy and democracy without ending the backlog, writes Professor Cheryl Thomas KC (Hon), the UK’s leading expert on juries, judges and courts
Are you ready for the new way to do tax returns? David Southern KC explains the biggest change since HMRC launched self-assessment more than 30 years ago... and its impact on the Bar
Marking one year since a Bar disciplinary tribunal dismissed all charges against her, Dr Charlotte Proudman discusses the experience, her formative years and next steps. Interview by Anthony Inglese CB