Criminal litigation

The onus lies on a party seeking to vacate a guilty plea to demonstrate that justice requires that this should be permitted.

If, after an unequivocal plea of guilty, it becomes apparent that the defendant did not appreciate the elements of the offence to which he was pleading guilty, it is likely to be appropriate to permit him to withdraw his plea.

Where the facts relied upon by the prosecution do not add up to the offence charged, justice will normally demand that the defendant be permitted to withdraw his plea.