A person is legally entitled to an automatic 25% discount in sentence for a plea of guilty at the earliest opportunity. However, the earliest opportunity to plead guilty is not when the Police first charge you, it is once all of their evidence has been provided.

Our team of Criminal Lawyers can ensure the Police provide us with all of the evidence can analyse the evidence against you, before advising you about your prospects of success for defending a criminal charge. In the event that a defence is not available, our team can make submissions on your behalf to lessen any sentence received, and ensure you receive the 25% discount on sentence.

Call one of our experienced Criminal Law solicitors for free initial advice on your circumstances on (02) 9525 8688

The Law

In NSW by law you are entitled to a discount if you enter into a plea of guilty at the first reasonable opportunity to do so. There are a number of reasons why the Court is so determined that those who enter pleas of guilty early receive lesser sentences. The main reasons are that it will usually save the victim from giving evidence, shows some remorse on the part of the accused and saves the court time. The discount is taken of your head sentence i.e time served, and not your parole period.

You should know that the Court has said that even though pleading guilty does entitle you to a discount on your sentence, entering a plea of not- guilty will not penalise you in any way.

Committal Hearings

S3 of the Criminal Procedure Act states that if you are charged with an indictable offence you must go before a committal hearing in order to determine if there is a case for you to stand trial.

Generally Committal hearings are heard in the open and are rarely restricted from the public however in some instances your name may be suppressed or the court may be closed to the public and an order made to stop the publication of evidence in either whole or part form.

At the end of the committal hearing the magistrate will make a ruling as to whether or not there is a case for you to stand trial. The basis for this decision is whether or not there is a reasonable prospect that the jury would convict you. If there is you will need to stand trial, if not the charges will likely be dismissed.

In some cases costs can be awarded when charges are dismissed such as where charges were laid without reasonable cause or where the investigation against you was done in bad faith.

For further information call one of our experienced Criminal Law solicitors for some free initial telephone advice on (02) 9525 8688