When a defendant appears in court, they are expected to enter a plea. This means confirming to the court whether they accept or deny the offence they have been charged with. In most cases, the process is straightforward:

• A guilty plea means the defendant accepts the charge, and the court moves directly to sentencing.
• A not guilty plea means the case proceeds to trial, where the prosecution must prove the case beyond reasonable doubt.

However, in some cases, a defendant will choose not to enter a plea - this is referred to as ‘no plea’.

Here the criminal defence solicitors at JMW explain the reasons why a defendant might not enter a plea at their first hearing, how the different courts handle this situation and what this could mean for their case.

When might a defendant choose to not enter a plea?

A defendant may decide to not enter a plea at their first court hearing for several reasons, including:

Awaiting legal advice: defendants should always seek advice from a criminal defence solicitor before deciding how to plead. If legal advice has not been obtained before the hearing, the court may allow time for this.

Needing more time to review evidence: in some cases, the prosecution’s evidence may not have been fully disclosed before the first hearing. If key documents are missing or require further analysis, a defendant may decide to delay entering their plea.

Fitness to plead issues: if a defendant has mental health concerns or medical conditions that affect their ability to participate in proceedings, the court may need to determine whether they are fit to plead. This could involve medical assessments before the case proceeds.

Complex cases: for serious or complex cases, especially those involving multiple charges, financial crimes or legal technicalities, legal teams may request additional time to prepare a defence strategy before entering a plea.

Procedural delays: in some instances, court scheduling issues or missing paperwork may result in a plea being deferred to a later date.

What happens if no plea is entered?

If a defendant does not enter a plea, the court must decide how to proceed. The process differs depending on the type of court hearing the case.

In the Crown Court, which deals with more serious criminal cases, there is a specific plea and trial preparation hearing where the defendant is expected to enter a plea. If they do not, the court may allow a short adjournment, or they may decide to proceed as if the defendant has pleaded not guilty, so the trial process can begin.

In the Magistrates’ Court, where less serious offences are dealt with, the case may be adjourned to allow time for legal advice or additional evidence. In some instances, if no plea is entered, the court may proceed on the basis of a not guilty plea.

If a defendant does not enter a plea and does not have a reasonable excuse, the court could take this into account when considering procedural matters like bail conditions, the scheduling of future hearings or whether to proceed in their absence.

What influences the court’s decision to proceed as if a not guilty plea has been entered?

When a defendant fails to respond when asked to enter a plea, refuses to engage with the court or is absent without a reasonable excuse, the court may treat this as an indication that they intend to contest the charge. Additionally, if adjourning the case would cause an unnecessary delay, particularly in cases involving serious allegations, vulnerable witnesses or public interest considerations, the court may decide that the fairest course of action is to continue proceedings on the basis of a not guilty plea.

How ‘no plea’ affects sentencing and case progression

Failing to enter a plea at the first court hearing can impact how a case progresses and may affect sentencing if the defendant is later found guilty. Courts expect cases to move forward efficiently, and delaying a plea without a valid reason can lead to procedural consequences, such as stricter bail conditions or a trial date being set without further adjournments.

If a defendant eventually pleads guilty at a later stage, they may lose some or all of the sentencing reduction available for an early guilty plea. Under Sentencing Council guidelines, sentence reductions follow a sliding scale:

• A guilty plea at the first hearing can result in a one-third reduction in the sentence.
• A guilty plea after the first hearing but before trial reduces the sentence by one-quarter.
• A guilty plea on the first day of trial may only allow for a one-tenth reduction.
• A conviction after trial results in no reduction.

If a defendant does not enter a plea at the first opportunity and is later convicted, they will not receive the full discount available for an early guilty plea. This could lead to a longer prison sentence, a higher fine or stricter penalties than if they had admitted the offence earlier. While there may be valid reasons for delaying a plea, it is essential to weigh up the potential impact on sentencing and seek legal advice as early as possible.