If you say you are guilty the prosecutor will read out the statement of material facts. They might say what they think your sentence should be. You or your lawyer will then do a plea in mitigation.
You will be sentenced. The court might put off the final sentencing until another day. You might be given the chance to go to counselling or mediation.
The court can also ask for a pre-sentence report to be prepared about you before sentencing. What should I tell the court when I plead guilty? What is a plea in mitigation? The sort of information the court wants to hear from you includes: Why you committed the offence. Are drugs, alcohol or mental health a problem for you? Be careful not to blame others. This includes an indication of:. The information on this page except all logos and any third-party content linked to from this page is licensed under a Creative Commons Attribution 4.
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Pleading guilty or not guilty Before you go to court you should decide how you want to plead. Was the CAN sent in time? Do you agree with the police facts sheet? Do you have the time? Can you get to court? What penalties could you get? Is there any benefit in pleading guilty? Should you get a lawyer? Do you have a defence? If you do not agree with the police facts sheet, you should get legal advice about whether you should: ask the police to change the police facts sheet before entering a guilty plea plead not guilty ignore it.
You are entitled to plead not guilty and make the prosecution prove every aspect of the charge beyond reasonable doubt. It is their job to present all the evidence to prove the charge for example that it was you, and not someone else, that committed the offence.
This means that you only need to raise a reasonable doubt that you did not commit the offence to be found not guilty. Criminal Procedure Act , ss 6, If the charge is a Category 3 offence that is, punishable by a jail term of two years or more , you have a right to choose to be tried by a jury. You should make this choice at the time you plead not guilty, otherwise you will be tried by a judge sitting without a jury. Note that trial waiting times vary around the country.
It could be well over a year before your case comes to trial. Note: If you change your mind later on and decide you want to be tried by a jury, it is extremely difficult to change your original choice.
The best thing is to get legal advice early and make a fully informed choice at the beginning. A not guilty plea to category 4 offence can only be entered in the High Court, Category 4 cases are transferred to the High Court after the first appearance in the District Court.
Not necessarily.
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