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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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My son has been charged with two accounts of assault, one of

Customer Question

My son has been charged with two accounts of assault, one of which is a domestic assault. He is guilty but was advised by his lawyer to plead not guilty at his first court appearance. This is his first offence. I am looking for some advice as to why this plea was recommended? Thank you.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
This is sometimes done so that legal aid can be applied for and also so that the case, and any defence or mitigation, can properly be prepared. A trial diet will have been fixed and this will be preceded by an intermediate diet. Typically the plea can be changed at the intermediate diet, mitigation given and the case disposed of.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.

Is it necessary to wait until the intermediate diet or can the plea be changed to guilty before that?

Expert:  JGM replied 3 years ago.
Yes, a joint application can be made by the defence and prosecution for an earlier diet. That is section 137 of the Criminal Procedure (Scotland) Act 1995.