Role play 4: a 'multi-hander' guilty plea

In this fully scripted role play, part of a set taken from Law in action: learning through scripted role plays, the defendants plead guilty and the lawyers representing both sides have their say.

A ‘multi-hander’ guilty plea

Usher:
Number four on the list, your worships,…and…[use names of people playing role of the two defendants], both represented by…[use name of person playing the role of the defendants’ solicitor].

[Usher places both defendants in dock]

Clerk:
Please tell the court your names and addresses.

Defendant 1:
I am…[use your own name] and I live with my parents at…[use your own address or a made up one].

Defendant 2:
I am…[use your own name] and I live at [use your own address or a made up one].

Clerk:
You are jointly charged that yesterday you stole two pairs of jeans at [use local shopping centre/street] value one hundred and sixty pounds. Do you understand the charge against you?

Defendant 1:
Yes I do.

Defendant 2:
Yeah.

Clerk:
The offence you are charged with can be heard either by this court or by the crown court. Do you understand?

Defendant 1:
Yes.

Defendant 2:
Yeah.

Clerk:
In a moment you will be asked whether you intend to plead guilty or not guilty. If you indicate a guilty plea, you will be convicted of the offence and either sentenced here by the magistrates, or, if their powers are not sufficient, you will be sent, on bail or in custody, to the crown court for sentence where the judge has greater powers. You will also receive credit for an early guilty plea which will reduce your sentence by one third. Do you understand?

Defendant 1:
Yes.

Defendant 2:
Yeah.

Clerk:
If you indicate a not guilty plea, or you do not tell us what your plea will be, then this court will hear the facts of the case to decide where you are tried, either here or at the crown court. If the magistrates find the case suitable for this court, you still have the final choice as to whether you are tried in the magistrates’ court or the crown court before a judge and jury. Do you understand?”

Defendant 1:
Yes I do.

Defendant 2:
[nods head and shrugs]

Clerk:
What is your intended plea to the charge, guilty or not guilty?

Both defendants:
[speaking together] Guilty.

Chairman:
[to both defendants] You may sit down.

Prosecuting solicitor:
Yesterday afternoon these two defendants were observed by a store detective in Marks & Spencer at [use local shopping centre/street]. They were examining a display of jeans. They were seen to take two pairs of jeans from the display and place them in a plastic carrier bag. They went through the check-out without making any attempt to pay. At the exit, they were detained by the store detective and the police were called. They were cautioned but made no reply except to offer to pay for the stolen goods. The goods were recovered so there is no claim for compensation. If you deal with this matter to finality today, there is a claim for appropriate prosecution costs.

Defending solicitor:
Sir/madam, these two young men are both from good homes. They have never been in any kind of trouble before. One of them is in employment as a trainee manager and the other is at college on a business studies course. This was not a planned crime, it was more of a foolish escapade. They had had a pub lunch and perhaps one drink too many. Their arrest and this appearance in court has had a very sobering effect on them. Through me they would both like to express their remorse and apologise for all the trouble they have caused and they assure me that this is both the first and last time they will appear in court. In the circumstances, I do not ask the court to call for a pre-sentence report, and would ask you to be as lenient as you feel able and sentence my clients today.

Chairman:
The bench will retire.

Usher:
All stand. You may leave the court.

Last Modified: 30 June 2010