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miatamx5
Following Idris Appeal dismissal there seems to be no alternative but for me to change my S172 plea to guilty.

Can anyone advise a form of words to use in my letter to the court re mitigating circumstances?

I'm tempted to plead guilty 'with reservation' but I'm not sure what precise references to use and also whether this might be seen as inflammatory and land me with a higher fine (not that I'm suggesting the Magistrate might do such a thing).

Thanks
cjm99
Such action would be premature. We have not seen the reasons yet. You never know icon_evil.gif

Chris
miatamx5
Hi Chris

Not really premature.

My hearing has been re-listed following Idris Appeal for very early April, so I need to act now.

My solicitor has advised the plea change.

S172 only. Speeding never pursued and now long since timed out.
Blackbird
miatamx5

QUOTE
very early April

How early? The Idris judgement is promised within two weeks of the case i.e 6 April - there may still be some hope.
Just remember that you can change the plea up to the time of the hearing.
On the other hand you could just ask for an adjournment pending the publishing of the judgement.

Best Regards
Mika
miatamx5,

There is one other possibility:

Have you, or your solicitor, considered pleading guilty “with reservation”?

You could explain to the court that you have been informed that the PACE arguments [Owen, J was wrong to say that the caution is not required] are being appealed to the European Court.

We were expecting Idris to lose his appeal, so the ground has already been prepared for ‘pan b’. icon_wink.gif
bulletmagnet
Mika,

I don't want to sound stupid but how would you go about pleading guilty with reservation?

Do you stand up in court and say 'i plead guilty with reservation' and then give reasons for doing so ie 'the high court has decided that s172 requires a signed witness statement contrary to DPP v Yorke and Mawdsley'.

Do you have to attend court for the hearing or can you do it by letter?
Mika
bulletmagnet,

In view of the fact that they don’t record proceedings in Magistrates’ Courts, it’s probably best done in a letter to the court - sent via Special Delivery.

However, there is nothing to stop you from saying it in court just so long as you ensure that someone records your “reservation”. icon_idea.gif
dave99
what does "with reservation" actually mean though - does it entitle you to appeal at a later date when the PACE stuff is sorted out, or is it just a way of justifying your original not guilty plea?
Mika
Dave,

This link may help you to understand.
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