R v Turner (Frank Richard)

A defendant must have complete freedom of choice whether to plead guilty or not guilty, so a plea entered after counsel conveyed what appeared to be the judge's view on sentence was a nullity.

Citation
[1970] 2 QB 321
Court
Court of Appeal (Criminal Division)
Year
1970
Subject
Criminal Procedure
Topic
Trial, pleas, juries and sentencing

Facts

Mr Turner was charged with theft, and pleaded not guilty. During the trial, his counsel saw the judge in his private room, and then advised Mr Turner, in strong terms, that if he changed his plea to guilty he would probably receive a non custodial sentence, but that if he was convicted after maintaining his plea, he might go to prison. Mr Turner believed that counsel was conveying the judge's views, and changed his plea to guilty. He later appealed, arguing that his plea had not been voluntary.

Legal principle

The Court of Appeal held that the plea was a nullity, and ordered a new trial. Lord Parker CJ said that the accused, having taken advice, must have a complete freedom of choice whether to plead guilty or not guilty, and that counsel must be free to give advice, if need be in strong terms, but that the accused must be left to make his own decision. The judge should never indicate the sentence which he is minded to impose, except to say that, whether the accused pleads guilty or not guilty, the sentence will take a particular form. Mr Turner may well have thought that the views expressed were those of the judge, so his plea was not voluntary. The rule against sentence indications was relaxed in R v Goodyear.

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