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Pleading Guilty Online - A Threat to Justice?

It has been announced that a scheme which will allow people to plead guilty online will go ahead, despite criticism from access to justice campaigners. In the Ministry of Justice report ‘Transforming our Justice System’, published this month, the Government re-emphasised its message that the justice system must provide ‘better value’ and should be faster and easier to use.

The proposals for digital pleading

The report outlines the plans for an online automatic conviction procedure. Defendants can opt in to the procedure which will allow them to plead guilty in relation to certain crimes without ever going to court. By pleading guilty, they will automatically accept a pre-determined penalty and be convicted.

Under the current proposals, the system will initially be piloted with offences which do not involve a custodial sentence, such as railway and tram fare evasion.

The Government argues that the system has the necessary safeguards built in to protect our justice system. For example, legislation will limit the offences which can be prosecuted via this system and, when deciding which offences are prosecuted in this way, the Government will have regard to the discretion available in sentencing. The Government suggests that the only cases which these proposals will apply to will be those which would be decided on the papers without a court hearing anyway. Further, defendants will need to opt in to this process and will not be required to plead in this way.

Criticisms of the proposals

However, concerns have been raised about the lack of judicial oversight in this process. There are fears that the system may not comply with the European Convention on Human Rights, particularly Article 6 of the Convention which protects the right to a fair trial. While individuals do need to opt in to the system, there is a risk that defendants will not be fully aware of the options available to them.

Some critics of the system have suggested that defendants may plead guilty in a bid to make the problem ‘disappear’ – whether they are guilty or not. The report notes that concerns have been raised that low-income defendants may plead guilty rather than defend the prosecution and risk ultimately paying a higher penalty. Further, without legal advice, it can be difficult for individuals to understand whether any mitigating factors are at play. For example, the Kent Law Society made the point that online conviction for rail and tram fair evasion does not allow for any differentiation between those who did not have the means to pay, and those who could afford to pay but did not do so. 

There are also fears around digital justice generally, with some arguing that digitising the justice system may exclude those with limited online skills, as well as the elderly and those with disabilities.

Contact Mark Kelly Criminal Law Barrister UK

Expert legal advice is a core feature of our criminal justice system. If you wish to defend a prosecution against you I am well placed to support, advise and represent you in respect of your case.

If you wish to discuss allegations made against you, or if you feel concerned by the digital justice proposals, please do not hesitate to get in touch with one of my clerks. 

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