Waiving the Book of Evidence in a criminal case, solicitors legal advice - Peter Connolly & Partners
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Waiving the Book of Evidence in a criminal case, solicitors legal advice

Waiving the Book of Evidence in a criminal case, solicitors legal advice

For many years it was open to an Accused person to plead guilty in the District Court in a case were the DPP had elected for jury trial on the basis of the seriousness of the crime or the fact that the Accused person had no legal entitlement to elect for jury trial.

The way defence lawyers were paid meant that it wasn’t in the client interest to waive the the book of evidence either as  it was more prudent to see the book of evidence and see if a technical or substantive defence revealed itself.

Section 13 of the Criminal Procedure Act of 1967 provides this options and it is a very good way of dealing with a serious case provided the accused person if fully satisfied to sign the guilty plea. In a bad case it is my opinion is that it can make the difference between no jail time or less jail time.

It is important that the accused person has had good legal advice in the investigation stage with the Gardai prior to making such an approach.

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