A defendant is facing a charge of battery and is due to appear before the Magistrates' Court. Prior to the first court appearance, the defendant has a conference with her solicitor and admits to committing the offence; however, she still wants to plead not guilty.
Can the solicitor continue to represent her?
A defendant is facing a charge of battery and is due to appear before the Magistrates' Court. Prior to the first court appearance, the defendant has a conference with her solicitor and admits to committing the offence; however, she still wants to plead not guilty.
Can the solicitor continue to represent her?
The solicitor can continue to act if the defendant does not actively assert a defence.
(C) If a defendant does not actively assert a defence, their solicitor can continue to act on their behalf. However, the solicitor must not mislead the court and must provide the defendant with careful advice on the strength of the evidence. The solicitor must also advise the defendant on the benefits of an early guilty plea, which can reduce their sentence and avoid an unnecessary trial. If the defendant still intends to plead not guilty, the solicitor must warn them that they cannot mislead the court. While the solicitor can still test the prosecution's case, they cannot advance an alternative account as this would constitute professional misconduct. If the defendant does not accept this position, the solicitor will be required to withdraw from the case.
Option (A) is incorrect as it involves misleading the court.
Option (B) is incorrect as it goes against client confidentiality.
Options (D) and (E) are incorrect as the solicitor should not persuade the client to plead guilty, and the solicitor is not required to withdraw as long as the defendant does not actively seek to assert an account the solicitor knows to be false.