Role play 3: pleading guilty and being sentenced

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

Pleading guilty and being sentenced

Usher:
Number three on the list, your worships,…[use name of person playing the role of the defendant] represented by…[use name of person playing the role of the defendant’s solicitor].

Clerk:
Please tell the court your name and address.

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

Clerk:
You are charged that yesterday you stole underwear valued at £42 from Marks & Spencer at [use local shopping centre/street] and that you had in your possession a Class ‘A’ drug, namely, heroin. Do you understand the charges against you?”

Defendant:
Yes.

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

Defendant:
Yes.

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 offences 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:
Yes.

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:
Yes, I’ve discussed this with my solicitor.

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

Defendant:
Guilty.

Chairman:
You may sit down.

Prosecuting solicitor:
At 3.20 yesterday afternoon, store detectives at Marks & Spencer saw this young lady behaving suspiciously. She was observed to select a number of items of underwear and place them in a large shoulder bag which she was carrying. She passed through the checkout without making any attempt to pay for the items. When she was stopped, she admitted stealing the items.

The police were called and when her handbag was searched it was discovered that she had in her possession a small quantity of a substance which she volunteered was heroin. She said that it was for her own use and that she had to steal to buy drugs as she was addicted.

She has one other conviction and that was a year ago also for shoplifting.

Would you order that the drugs are confiscated and destroyed? The stolen items were all recovered and there is no application for compensation. However, if you deal with this case today, your worships, I would seek appropriate prosecution costs.

Defending solicitor:
Your worships, my client is 22 years old and she is, as you have heard, addicted to the drug heroin. She was introduced to this by her, then, boyfriend. He died of a drugs overdose some 6 months ago. She has tried to break the habit but she has not yet been able to do so. The loss of her boyfriend had a devastating effect on her and she claims that she needs the drug to lessen the pain of that memory.

She stole the items to sell to friends because she needed the money to pay for the drugs which she had obtained on credit from a dealer. She was afraid that if she was not able to find the money then the dealer would threaten her with violence or make her earn the money in some other way.

My client lives alone in council property. Her parents have disowned her. She receives state benefits since, as a drug addict, she is unable to hold down a job.

She admitted her guilt at the first opportunity and I would ask you to say that she needs help rather than punishment and deal with her appropriately. In view of her history the court may consider it prudent to obtain a full report from the Probation Service before sentencing.

Chairman:
The bench will retire.

Usher:
All stand.

Last Modified: 30 June 2010