Written basis of plea and Newton hearings


Published by a ½Û×ÓÊÓƵ Corporate Crime expert
Practice notes

Written basis of plea and Newton hearings


Published by a ½Û×ÓÊÓƵ Corporate Crime expert

Practice notes
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When defendants accept that they are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction in sentence for a guilty plea expressly limits the ability to claim credit where the defendant's plea has been followed by a Newton Hearing at which the defendant's version of events has been rejected. The overarching guidelines state:

'...the reduction which would have been available at the stage of proceedings the plea was indicated should normally be halved. Where witnesses are called during such a hearing, it may be appropriate further to decrease the reduction.'

Practitioners therefore should always consider carefully any Basis of plea and be aware of the potential impact an unsuccessful Newton hearing may have on any expected credit. Practitioners should also ensure that they advise their clients on both of these matters before any plea is entered and

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Written basis of plea definition
What does Written basis of plea mean?

In limited circumstances, the law allows for a form of plea bargaining where the prosecution agree in writing to profferring a more limited charge on condition of the accused pleading guilty.

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