So You’ve Pled Not Guilty …… Now What?

If you pled by post then the court should write and give you your trial date. If you were there in person they will not write to you but will just expect you to turn up so make sure you have the date somewhere safe.

If you want a solicitor to defend you and you are eligible for legal aid the application to the legal aid board must be made within 14 days of the plea (although you can apply later in certain circumstances). If you contact a solicitor they will make the application for you.

There are good reasons both for and against being defended by a solicitor.

Reasons to have a solicitor

  • If you are unfamiliar with the court procedure and are worried about when is the right time to say what then they will do it for you. You can still give evidence from the witness box and a good solicitor will give you the opportunity to explain your motives.

  • If you are charged with something you didn't do (e.g. violently resisting arrest) you might need the help of a solicitor to get the evidence before the court. They will be more experienced at questioning the police.

Reasons to represent yourself

  • You have a lot more freedom to say things than lawyers do (they can be reported to the Law Society if they go beyond laid down restrictions).

  • You can run whatever type of defence you like. You can research lots of good legal arguments or you can just talk common sense or you can even recite a poem.

  • If you don't qualify for legal aid it's cheaper.

  • Reclaiming the courts for ordinary people is part of the process of making the law accountable.

If You Decide to Have A Solicitor

Then you need to contact them as soon as possible after you have put in a plea. You can contact them before pleading if you like and they can go to court and enter a plea for you.

We have been through quite a number of solicitors over the years in various campaigns at Faslane - and without risking being sued all we will say is there have been problems!

The solicitor we are currently using (who IS very helpful and DOES reply to messages) is:

Clare Ryan, 2 Douglas Gardens, Bearsden, Glasgow G61 2SJ. Tel: 07977 000 312

Even if you are represented by a solicitor you need to think about what you want to say when you get the opportunity.

If You Decide to Represent Yourself

Then think about the kind of things you want to bring out. You can look at the Trident Ploughshares website for examples of defences used in the past. There are also lots of legal documents there that may help you. Don't get overwhelmed by it all. You can keep it as simple as you like. Please feel free to send us any questions you have. We have lots of legal documents and know where to get others and can copy and send them to you.

You should also read the briefing on Representing Yourself and What Happens in Court. It also helps to talk to other people you know who have been in court.

Support

It is always a good idea to have a few supporters in court. This is not an imposition or an extra, but part of supporting each other and being sustainable in our resistance to Trident. It's also always good to show the Courts that we are part of a growing movement. You may even find that there are people who couldn't risk arrest for whatever reason, maybe who couldn't even make the trip the first time, who value to the opportunity to contribute in this way.

If someone from the group gets in touch with the Legal Working Group just before the trial we can let you know if anyone else from other groups is likely to be there or if there are plea hearings from other groups to listen out for.

Checking the trial is on

It is a good idea to phone the PF's office a couple of days before the trial to ask if they expect it to go ahead. If they are asking for an adjournment they might agree that you don't need to come. If on the trial day they then want to adjourn for something they should have known about in advance then you can complain that you had phoned and they might drop the case.