If magistrates having heard an application for leave to withdraw a plea of guilty conclude that the evidence described by the prosecution are not sufficient to find guilt, they may allow the plea to be withdrawn. Kennedy LJ: ‘Of course the court will be slow to allow such a change of plea unless there is some obvious reason why it is appropriate in the circumstances to allow it.’
Judges:
Kennedy LJ
Citations:
[1997] COD 21 DC
Jurisdiction:
England and Wales
Cited by:
Cited – Revitt, Borg and Barnes v Director of Public Prosecutions Admn 8-Sep-2006
The defendants appealed against refusal of leave to withdraw their pleas of guilty. They argued that the current practice infringed their human rights.
Held: The magistrates had been correct not to allow the defendants to withdraw their pleas. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 01 May 2022; Ref: scu.244872