Ethical issues for defence counsel on a plea of guilty

Across all criminal courts in Western Australia, the vast majority of cases are resolved by a plea of guilty. Pleas in mitigation are a vital part of the criminal justice process. Although Judges and Magistrates have the ability to obtain pre-sentence and other reports about an offender, a sentencer relies very much upon defence counsel providing him or her with information not only about the offender; but also, with submissions as to the facts of the offending, its seriousness, and how the offender might be dealt with. Underpinning this reliance is the assumption that defence counsel will at all times act ethically. Were it otherwise, the sentencing process would be seriously compromised.