Remandly Talk

What a judge asks before a guilty plea

A judge has to be satisfied a plea is the person's own free, informed choice. Before a judge accepts a guilty plea, the judge has to be satisfied of four things. That the plea is voluntary. That the person understands it admits the essential elements of the offence.

Full transcript

Before a judge accepts a guilty plea, the judge has to be satisfied of four things. That the plea is voluntary. That the person understands it admits the essential elements of the offence. That they understand what the plea means and what follows. And that they understand the judge is not bound by any deal between the lawyers. The judge must also be satisfied the facts support the charge. A plea is not paperwork. Duty counsel at the courthouse is free.

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