Representing Yourself in Court: A Guilty Plea

Transcription

1 Representing Yourself in Court: A Guilty Plea In an ideal world, anyone who has been charged with a criminal offence should have a lawyer handling their case and representing them in court. However you may not be able to afford a lawyer or the matter may be simple enough for you to prepare your own case and speak for yourself. Before you start reading this pamphlet, it is assumed that you have taken advice from the Legal Service as to whether your situation warrants legal representation and whether you should be pleading guilty or not guilty. This pamphlet deals with what to expect, do and say when pleading guilty to a relatively straight forward offence. Pleading guilty means that you are not disputing the charge which is laid against you, and are agreeing that you actually committed the offence. If you are planning on pleading not-guilty, this booklet is not for you. So, you are going to represent yourself in court. Firstly you need to know a few things about the court. What will the Courtroom be like? A simple visit to the court can help to familiarise yourself not only with its procedure but also the surrounds of the court and what you should expect to happen on the day your case is heard. Magistrate The magistrate sits at the front of the court at `the bench'. He or she is addressed as `Your Honour. The role of the magistrate is to decide on the appropriate penalty for you.

2 Clerk of the Court / Magistrate's Assistant The clerk sits close to the Magistrate. The role of the clerk is to make sure the court runs smoothly. He or she is the one who will call your case up, read the charge out to the court, administer the oath and hand up any documents to the magistrate. So if you have brought any references or letters with you for the magistrate, hand them to the clerk. At the end of your hearing, the clerk will be the one who will give you any paperwork which you may have to sign. Defendant You will be referred to as the `the defendant' or the `accused' as you are the one who has been charged by the police or received a summons for breaking the law. Police Prosecutor The prosecutor is usually a member of the police force. He or she will be sitting at the bar table. It is his or her role to present the case against you. Informant The informant is the police officer who charged you or was the one that interviewed you. As you are pleading guilty, he or she does not need to be present because you there is no dispute as to what occurred. Instead the informant will have provided a summary which the police prosecutor will read out in court. You may want to talk to the informant before arriving at court about what he/she wrote in the summary. If there are things which you don't agree with, you should try to get him/her to delete the passages. The other people in court may be observers, others waiting for their charges to be heard, barristers and solicitors, court officers and social workers. Court Room Etiquette Dress conservatively and look neat and tidy. Men should wear a suit and tie if possible and women should wear a suit (try to borrow one if you don't have one) When entering and leaving the court, bow (ie nod your head)

3 When you are in the court-room waiting for your case, don't walk around or talk (remember the magistrate may be watching and it may annoy him or her) Refer to the Magistrate as `Your Honour' When you are speaking to the magistrate, stand up straight and make eye contact Speak clearly, slowly and loudly. Courts can often be noisy places so the Magistrate may have difficulty hearing you Never argue with the Magistrate Consider taking a friend with you for support What will happen on the day of your hearing Make sure you are early Go to the Clerk of court's office and tell them who you are. They can tell you which courtroom your case will be heard in and perhaps how long you will have to wait If you haven't already seen the Police Summary of your case, ask them how you may make arrangements to see it The Procedure in Court Stand before the Magistrate enters When your case is called, go up to the bar table and stand Tell the Magistrate that you are representing yourself The Police Prosecutor or the Clerk of the Court will read out the charge(s) against you You will be asked if you plead guilty or not guilty. Tell the Magistrate that you are pleading guilty. (Note that by pleading guilty, you are admitting that the charge(s) against you is/are correct. However, in your plea you can ask for leniency because of mitigating circumstances)

4 The Police Prosecutor will read out a summary of the evidence against you. He/she will finish by saying This is the case against the defendant or something similar The Magistrate will then state that the case against you is proven, that is, that you are guilty, and ask the prosecutor if anything is alleged or known against you. This question is directed at finding out whether you have any prior convictions. You may be given the opportunity by the prosecutor to verify that the list tendered is correct. If it is not, tell the court. The Magistrate will then ask if you have anything to say. This is your chance to state why the Magistrate should have leniency on you in deciding a penalty Your Plea What to tell the Magistrate For the purposes of this booklet, it is assumed that this is a guilty plea for traffic or drink driving offences which are relatively straight forward. Your purpose here is not to tell the Magistrate that you did not commit the offence, because you already have admitted to it by pleading guilty. Your aim is to convey to the court that you are genuinely remorseful, have learnt a lesson and that there will not be a re-occurrence of this incident which brought you before the court. By preparing your plea thoroughly, you are not only increasing your chances of receiving leniency from the Magistrate, but are showing the court that you have taken the charge very seriously. Your plea should contain the following material: 1. Your account of the incident and any reasons why the offence was committed 2. Explanation of Prior convictions 3. Character Evidence 4. References 5. Your Financial Situation 6. Why you need your licence (if it is a traffic offence)

5 7. Why you do not want a conviction recorded against you Your Account of the Incident and Reasons for committing the Offence Try to point out factors which might reduce the seriousness of the offence. For example, your speeding was on a straight stretch of road, late at night so you were not endangering other vehicles. While you must acknowledge that there are no excuses for breaking the law, if there are reasons why you committed the offence, you should say so. If it was simply due to human error, admit it. For example: You may not have been as vigilant as you should have been while driving because you were attempting to change lanes; or You may have miscalculated the distance between your car and another; or The street sign may have been obscured by trees or fog; or You may have miscalculated the effect of drinking on your concentration; or You may have been driving another person's car and forgotten to transfer the P-Plates or removed the L-Plates. Prior Convictions If you have no prior convictions, stress this as being evidence of good character. If you have prior convictions, try to point out to the court why they should not be taken into account in deciding a penalty. They may not be relevant because : They do not relate to your driving history; or The convictions are quite old and your character has changed since then; or They occurred while you were suffering from a mental condition which has since improved. Character Evidence Your aim here is to show that you are a contributing, respected and responsible member of society. You may choose to mention:

6 Your present employment and its duration If you are not presently employed, what your previous employment was and what job you are hoping to obtain Your schooling and family background Your matrimonial situation and whether you have any children (ie whether you in a stable family situation) References If possible, try to get some references to give to the Magistrate that attest to your good character. They might be from employers (previous or current), priests or doctors. They might also be from people who have driven with you. The references should be typed (or neatly written) and addressed to the Magistrate Try to have them written on a letterhead Make sure that the writer includes in the reference that he/she is aware of the charges you are facing The writer should not say that you could not have committed the offence but that you are generally of good character and what you have done surprises them as it was totally out of character Your Financial Situation It is important to tell the Magistrate how much you earn per week, and what financial commitments you have (ie are you supporting a family or do you have debts). You may ask the Magistrate to impose as small a fine as possible. Give reasons to the Magistrate as to why you cannot afford to pay a large fine. You can ask the Magistrate to give you time to pay a fine (eg. 3 months) or ask that you pay by way of instalments. Why you need your licence The Magistrate has the ability in all traffic matters to suspend your licence. It is therefore necessary to give reasons why you require your licence.

7 Note however that you may have been found guilty of an offence for which a mandatory minimum period of loss of licence is set (eg certain speeding and drink driving offences.) In this case, your aim is to inform the Magistrate why he/she should only suspend your licence for this minimum period. Below are a few reasons which may relate to you. Work Related Reasons You need your licence to get to and from work or you may be required to travel for work eg a plumber, salesperson or deliveries driver. Try to get a letter from your employer stating how your employment would be affected without a licence Geographical Reasons: You may live a long way from public transport and so losing your licence could affect your ability to shop, visit relatives and friends, and leave you isolated Family Reasons You may need your licence to transport your family to and from school, sport or work, or to visit relatives. You should explain that losing your licence could cause your family hardship Why you do not want a conviction recorded against you The Magistrate may consider that the seriousness of the offence together with your prior history warrants that a conviction be recorded. However, you may be able to convince the Magistrate that in light of your good character and the circumstances of the offence, a conviction would cause you hardship. You may explain that a conviction would hamper your future prospects for employment or affect your current employment. You could ask to be placed on a good behavior bond. What happens next Remain standing after you have finished The Magistrate will then decide what sentence he/she thinks appropriate If you are given a good behaviour bond, you will have to wait until the Magistrate's assistant gives you a copy of the order the Magistrate made Good luck!

8 The information provided in this pamphlet is a general guide only. To be sure of your rights and responsibilities, you should get advice from a solicitor or a community legal service.