Pcmh, Ph And Pleas Notes

Arraignment * Arraignment usually takes place at the Plea and Case Management Hearing ("PCMH") * Defendant brought into Dock * if anticipated will plead Not Guilty to all counts - people from whom jury will be selected may be allowed to sit at back of court to hear * if any possibility will plead Not Guilty to one count and Guilty to another - jury should be kept out * Clerk will read charges to Defendant * ie. [Defendant] You are charged on indictment on...counts. The first count charges you [Defendant] with....contrary to.....The particulars of the offence are that...., do you plead guilty or not guilty? * If Defendant intending to plead Guilty to one of alternative counts, advisable to tell Court in advance, so Guilty count can be put to him first. Not Guilty Plea & Offering No Evidence/Leaving Counts on File * Not Guilty plea - should be made by Defendant personally (not rep) * Puts entire Prosecution case in issue and requires Prosecution to negative any case put forward by Defendant. * Next step: empanel the jury * Unless Prosecution does not wish to proceed on counts Defendant pleaded Not Guilty to. * Prosecution may: * tell Judge he proposes to offer no evidence on a count - Judge then order that a verdict of Not Guilty be entered (equivalent to acquittal) * ask that the counts be left on file marked not to be proceeded with without leave of Crown Court or Court of Appeal * Offer no evidence: When Prosecution think Defendant ought not to be convicted of offence (eg. on evidence discovered since sent to Crown Court) * Leave on file: Where Prosecution choose not to proceed with Not Guilty-plea charges as waste of time/money in light of Guilty-plea charges. * Prevents Defendant actually being acquitted of offence. * If Court of Appeal subsequently set aside convictions on Guilty-plea counts, may give Prosecution leave to proceed with counts left on file. * Where Prosecution and Defendant cannot agree on what to do with Not Guilty-counts (and Prosecution do not wish to prosecute them), Trial Judge decides whether to acquit or leave on file. * No appeal from order that charge should lie on file. Guilty Plea * If Defendant pleads Guilty - Judge should proceed to sentence wherever possible. * Guilty Plea must be made by Defendant personally * if made by rep - plea is a nullity * Court then: * proceeds straight to sentence (wherever possible), or * adjourns for preparation of reports. * If Guilty-plea to one count and Not Guilty-pleas to other counts, postpone sentencing until Not Guilty-plea counts determined. * If Guilty-plea and Co-Defendant pleads Not Guilty - adjourn case of Guilty-plea to be sentenced after trial of Co-Defendant Plea of "autrefois acquit" and "autrefois convict" * If Defendant contends that he has already been acquitted/convicted of the offence, can plead "autrefois" * If raised successfully, this is a bar to all further proceedings on that count. * Plea made in writing, signed by Defence advocate on Defendant's behalf. * If Defendant unrepresented, can make plea orally. * Plea should be made at arraignment, but court has discretion to allow at any point in trial. * If Prosecution do not accept plea - "join issue" through a written "replication" * CJA 1988 - Where Defendant pleads autrefois - it is for the judge to decide the issue. * If plea fails, indictment proceeds in normal way and Defendant's right to plead Guilty or Not Guilty is unaffected. Plea of Pardon * Pardons - exercise of RP, granted by R, on advice of Home Secretary * Effect: Defendant freed from consequences which would normally result from crime he allegedly committed. * Now, only granted after conviction and sentence where normal appeals exhausted or probably would have been unsuccessful. * Pardon does not affect conviction but all adverse consequences flowing from it are removed. Equivocal Pleas Rule: Plea by Defendant must be "unequivocal" - clear and unambiguous If Guilty plea, Court may convict Defendant without hearing evidence if "satisfied plea represents a clear acknowledgement of guilt" (Crim PR, r37.7) 3 situations where plea may be regarded as "equivocal": * When pleading Guilty - Defendant immediately qualifies plea with words which amount to a defence * Ms should explain law to Defendant, then ask to plead again * if Ms do not enquire, Defendant may challenge validity on appeal * If plea still equivocal - record plea as Not Guilty 

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