5.2 Special Duties in Criminal Cases

5.2.1 Pleas

5.2.2 Where the Crown offers to accept a reduced or restricted plea, the defending Advocate has a duty to advise the accused of that offer and to obtain his instructions about it.Likewise, where any limited offer to plead is made by an accused, it should（if considered in law to be appropriate）be conveyed to the Crown for consideration, without delay.For the avoidance of doubt, it is prudent to obtain written instructions from the accused, through the instructing solicitor, for the tendering of any plea.In no circumstances should Counsel tender any plea on behalf of an accused unless instructions to do so have been obtained either through, or in the presence of, the instructing solicitor.

5.2.3 In advising as to the possible consequences of a plea of guilty, Counsel should refrain from making any positive forecast of the possible sentence beyond drawing the attention of the accused to the normally anticipated range of sentences in the circumstances of that particular case, and to any current case law indicating that a discount in sentence may be expected when a plea of guilty is tendered at an appropriate stage.

5.2.4 Confessions

Where an accused person makes a confession to Counsel and Counsel is satisfied that in law such confession amounts to guilt, Counsel must explain to the accused（if he is not pleading guilty）that the conduct of his defence will be limited by that confession as set out in paragraphs 6.3.5 and 6.3.6 below.Counsel must emphasise to the accused that no substantive defence involving an assertion or a suggestion of innocence will be put forward on his behalf and that, if he is not satisfied with this, he should seek other advice.Counsel should consider whether it advisable to obtain confirmation in writing from the accused that he has been so advised and that he accepts such an approach to the conduct of his defence.

5.2.5 So long as an accused maintains his innocence, Counsel’s duty lies in advising him on the law appropriate to his case and the conduct thereof.Counsel may not put pressure on him to tender a plea of guilty, whether to a restricted charge or not, so long as he maintains his innocence.Nor should Counsel accept instructions to tender a plea in mitigation on a basis inconsistent with the plea of guilty.Counsel should always consider very carefully whether it is proper, in the interests of justice, to accept instructions to tender a plea of guilty.He should ensure that the accused is fully aware of all the consequences and should insist that the instructions to plead guilty are recorded in writing.

5.2.6 Acting for co-accused

Save in the most exceptional circumstances, Counsel should not accept instructions to act for more than one accused or appellant.