Basis of Plea, Fact-finding Newton Hearings and Advance Sentence Indications

All contents > Part 1 Pleading Guilty > Part 2 Credit for a guilty plea > Part 3 Basis of Plea > Part 4 Changing Plea

“A basis of plea sets out a defendant’s factual version of events to an offence which the defendant accepts (s)he is guilty of.”

On this page:

Pleading guilty when you do not agree with the facts of the prosecution case - the basis of plea
Accepting or rejecting a basis of plea?
Can I plead guilty on the basis that I didn't really do it?
What is a Newton Hearing?
Before I plead guilty can I find out what sentence I will receive? The advance sentence indication

Pleading guilty when you do not agree with the facts of the prosecution case - the Basis of Plea

Imagine you are guilty of an offence and have decided to plead guilty, but the facts of the case put forward by the prosecution are more serious than what you accept actually happened.

In these circumstances, you can still plead guilty but can do so on a proposed factual basis (a basis of plea) which the judge and the prosecution can either accept or reject.

On this page you can read about what happens when a basis of plea is accepted or rejected, including how a Newton Hearing can be ordered to determine the facts upon which a defendant will be sentenced. Examples of bases of plea are set out below, as are the consequences which follow when a Newton Hearing is unsuccessful.