Can I Change My Guilty Plea?

Have you been to court and entered a guilty plea and have since realised this was a mistake? Did your solicitor at court rush through their conference with you and you did not have enough time to consider the evidence, or have that explained to you in detail; the law and potential defences? This is something we are hearing more and more as the courts and Crown Prosecution Service (CPS) are getting inundated with cases and sadly the process for many defendants is one which is rushed, misinformed, and where there seems to be allowances for missing or incomplete initial disclosure. Removing the plea entered is an option some defendant's may have who have found themselves in this position and our team are here to provide advice and support in this situation.

A defendant can change their guilty plea at any stage prior to sentence, but it can be tricky. Referred to as vacating your plea in the legal world, changing a plea to not guilty is often a difficult process which requires careful preparation and expert legal arguments to be made as part of the application. The Court of Appeal has stated on a number of occasions that ‘the cases must be comparatively rare where it would be proper to allow a change of plea’ (R -v- Mutford Justices ex parte Harber [1971] 2 QB 55).

Reasons you may want to vacate your guilty plea

We often speak to clients initially who feel they have been forced to plead guilty and did so in response to advice from the solicitor that represented them at the Magistrates Courts. They have then returned home and having digested the proceedings against them realised that in fact they should never have pleaded guilty and want to quickly rectify this before sentence. I have often spoken to clients who have not seen the evidence against them, nor had it properly explained which begs the question how you can plead guilty to an offence when you don’t know what the offence is, the law you have allegedly broken or how strong the case is against you.

Additionally, and we see this in many youth cases, a defendant may want to have proceedings over quickly due to the anxiety and fear, but don’t really understand the consequences of a guilty plea nor had it been explained to them. Mental health and psychological factors at the time the plea was entered may be important factors taken into consideration when applying to vacate a guilty plea.

The full credit provided to a defendant who pleads guilty at their first Magistrates Court appearance can be an appealing factor in the moment. The criminal justice system do encourage defendant’s to plead guilty and as a result this encouragement was rolled out by the ‘Early Guilty Plea’ scheme, giving full discount when the guilty plea is entered at the magistrates court, which can often be before evidence has been served by the prosecution in a full and proper form. When the evidence is then served, it may be a realisation to the defendant the facts on which they have pleaded guilty to, and may dispute the facts and therefore believe that they are in fact not guilty of the alleged offence.

The Procedure For Changing a Guilty Plea

There is a procedure set by law for changing a guilty plea, this procedure is set out in part 24 of the Criminal Procedure Rules.

Section 24.1 of the Criminal Procedure Rules states that a defendant must apply as soon as practicable after becoming aware of the grounds for making an application to change a plea of guilty and may only do so before the final disposal of the case by sentence, or otherwise."

Becoming aware of the grounds means that you have established a reason for your plea to be vacated. At Eventum Legal, we will work with our clients to establish grounds, and this includes taking a full review of the case and work done with any previous legal representatives our client may have had.

Once grounds are established the application to vacate the guilty plea must be made in writing to the court, unless the court states otherwise. The application must:

(a) Set out the reasons why it would be unjust for the guilty plea to remain unchanged.

(b) Indicate what, if any, evidence the defendant wishes to call to help establish the grounds for vacating the plea.

(d) Indicated whether legal professional privilege is waived, specifying any material name and date.

The application must be served on the court and the (CPS).

What Happens After The Hearing?

If the application is successful your case will start again from the beginning and your guilty plea will be changed to a not guilty plea. Your case will then proceed to trial and preparation for this will begin.

If the application is refused, your guilty plea will remain and the case will continue for sentence as planned for another date.

What Does Waiving Legal Professional Privilege Mean?

By waiving legal professional privilege this means the defendant is allowing the court and the prosecution to see their case documents which exist between them and their previous solicitor. This information would otherwise be strictly confidential. Where it can be required for legal professional privilege to be waived, is where the previous solicitor’s advice and representation forms the grounds for the application to vacate plea. In this instance and if the prosecution are not agreeing to the application made to vacate your guilty plea, they may call your previous solicitor to question them about the advice they gave to you.

The decision to waive legal professional privilege must be done with great care, and with the understanding that comments you may have made about the case to your solicitors could go against you.

How Eventum Legal Can Prepare Your Case for an Application to Vacate Your Guilty Plea

Our lawyers have been representing clients facing this legal dilemma for many years and understand the frustration and upset a person can face knowing they have pleaded guilty in error. Taking a methodical and expert approach to this complex area of law is crucial, our lawyers will firstly discuss your case and concerns during an initial free consultation. We will then proceed to obtain all case papers and fully consider those to enable us to prepare a strong application to the court.

We may require you to waive legal professional privilege and we will discuss this with you and the potential consequences.

Once we have prepared your application and fully explained the legal process to you the application will be served.

One of our expert lawyers will attend court when the case is listed to represent you and make legal submissions in person.

If you would like to discuss a plea you have entered that you feel was done so due to being under pressure or, you did not see the evidence or a defence was not explained to you then contact us today, for fully confidential and non-judgemental advice.

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By Jessica Wilson • April 22, 2025

Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.