566. First reasonable opportunity.

The critical time for determining the reduction for a guilty plea1 is the first reasonable opportunity for the defendant to have indicated a willingness to plead guilty2. This opportunity will vary with a wide range of factors3. Examples of circumstances where a determination will have to be made are:

  1.  

    (1)     the first reasonable opportunity may be the first time that a defendant appears before the court and has the opportunity to plead guilty4, although the court may consider that it would be reasonable to have expected an indication of willingness even earlier, perhaps whilst under interview5;

  2.  

    (2)     where an