What to expect when you’re interviewed by police, your rights, and how to prepare for this important stage of the process.
A plea is your formal response to the charges against you. When asked “How do you plead?”, you must answer either guilty or not guilty. This is one of the most important decisions in your case.
Your plea determines what happens next. A guilty plea leads to sentencing. A not guilty plea leads to a trial where the prosecution must prove their case.
Critical: Never enter a plea without first speaking to a solicitor. The decision has major consequences for your future.
Pleading guilty means you accept that you committed the offence. You’re admitting to the crime as charged.
If you plead guilty at the first opportunity, you typically receive a one-third reduction in your sentence. This credit decreases the later you plead:
First hearing: Up to 1/3 reduction
After trial date set: Up to 1/4 reduction
Day of trial: Up to 1/10 reduction
Pleading not guilty means you deny committing the offence. The prosecution must then prove their case “beyond reasonable doubt” at trial.
Acquittal (Not Guilty)
If the prosecution doesn’t prove their case, you’re found not guilty. The case ends and you have no conviction.
Conviction (Guilty)
If the prosecution proves their case, you’re found guilty and move to sentencing. No credit is given for plea timing.
Your solicitor will help you consider:
The Evidence
How strong is the prosecution’s case? Is there CCTV, DNA, witnesses, or other evidence?
Your Account
What’s your version of events? Do you have evidence or witnesses to support it?
Legal Defences
Are there legal defences available? Self-defence, duress, or lack of intent might apply.
Consequences
What are the likely sentences for guilty vs not guilty at trial? What’s the impact on your life?
The Stress of Trial
Trials are stressful. Consider the emotional and practical impact of going through one.
Yes, but it’s complicated:
You can change to guilty at any point before or during trial. However, the later you change, the less credit you receive on sentencing.
This is much harder. You can only change a guilty plea if the court allows it, and only in limited circumstances:
Sometimes you can plead guilty but on a different “basis” – accepting some facts but not others. For example, pleading guilty to assault but saying you acted in partial self-defence.
You might plead not guilty to the main charge but guilty to a lesser charge. For example, not guilty to GBH but guilty to ABH. The prosecution can accept or reject this.
If you plead guilty but disagree with the prosecution’s version of events (and it affects sentencing), there may be a Newton hearing. This is a mini-trial on the disputed facts.