Questionnaire England/Wales
I.43 Who must consent to the agreement?
In formal terms, the trial may be abbreviated
simply as a result of the defendant pleading guilty without any other party
agreeing to this. This means that there is no real trial, simply the
presentation of a summary of the facts and a discussion of the factors that
should influence the sentence. This is, in fact, the way over 90% of Magistrate
court cases, and over 60% of Crown Court cases, are disposed of.
Guilty pleas are often entered simply because a) the defendant does not believe that he will be acquitted; and b) the sentence will be lower than if he had been convicted following a trial. In practice, the guilty plea is often made in exchange for a lower charge being prosecuted/some charges being dropped (these being CPS decisions) It is not an official agreement.
The defendant (and his lawyer) as well as the CPS lawyer, and, if it is a Crown Court case, the trial judge has to consent the agreement. But the judge is not supposed to be involved in the bargaining or to indicate what sentence would result from a guilty plea.
Guilty pleas are often entered simply because a) the defendant does not believe that he will be acquitted; and b) the sentence will be lower than if he had been convicted following a trial. In practice, the guilty plea is often made in exchange for a lower charge being prosecuted/some charges being dropped (these being CPS decisions) It is not an official agreement.
The defendant (and his lawyer) as well as the CPS lawyer, and, if it is a Crown Court case, the trial judge has to consent the agreement. But the judge is not supposed to be involved in the bargaining or to indicate what sentence would result from a guilty plea.
