Quote:
Originally Posted by Mifletz
Will Tabak be actually asked tomorrow: "How do you plead"?
If he says "Guilty, m'lud", what exactly happens?
If he says "Not Guilty, m'lud", what exactly happens?
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Yeah he will be informed of the actual charge he is accused of, whether its murder or manslaughter and asked how he pleads to the accusation. If he pleads not guilty the judge will set a date for trial, if both the defence and prosection lawyers agree that their cases can be prepared by then.
If he pleads guilty the judge will remand him into custody to await sentencing, and order both defence and prosecution to prepare statements.
Both the defence and prosecution teams will prepare statements for the judge to listen to in order to determine the sentence.
A statement of mitigation for the defence would explain why he committed the crime, the fact he is of otherwise good character etc, realises what he is done and is remorseful etc.
The prosecution generally makes a statement indicating what they and the police believe occurred and also play up the crime and how the person deserves to receive the maximum sentence etc. Though occassionally the CPS have asked for lesser sentences depending upon the motivation for the crime, the circumstances of the actual crime and co operation of the person.