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Changing your plea to a criminal charge

Information about when and how you can change your plea to a criminal charge.

How to change your plea

You should tell the prosecutor or the police officer in charge of your case as soon as possible after you know you want to change your plea to guilty.

You should also tell the court. You can tell the court that you want to change your plea:

  • by telling the magistrate when your case is 'in for reply' or mention (if the magistrate set a reply date or further mention), or
  • by filing an Application to Vacate a Hearing Date (if the reply date has already passed or no reply date was set), or
  • by telling the magistrate on the date of the hearing.

Preparing an application to vacate a hearing date

An Application to Vacate a Hearing Date must be filed at least 21 days before the hearing date.

You can get copies of the form from:

Before you apply to vacate a hearing date, you should get legal advice.

Sentencing

If you change your plea on the reply date, mention or the hearing date, the magistrate may want to finalise the matter and sentence you on the same day.

If you file an Application to Vacate a Hearing Date, the court may ask you to come to court on a date earlier than the hearing date, to allow you to enter your guilty plea and make submissions to the court.

You should be ready with information that you want the court to consider when sentencing you.

Costs

If you are found guilty or plead guilty, and you are sentenced for the offence, you may be ordered to pay:

  • ​the court costs levy
  • the victims support levy
  • legal costs
  • a criminal compensation order
  • restitution.

For more information, see Paying costs.

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