Deciding whether to plead guilty or not guilty

Information about what you need to consider when deciding whether to plead guilty or not guilty to a criminal charge.

Legal representation

You don't have to have a lawyer when you go to court. If you decide to represent yourself, you should still speak to a lawyer about whether to plead guilty or not guilty before you go to court.

If you want to plead guilty, a lawyer can give you legal advice about how to prepare for court.

If you want to plead not guilty, it is a good idea to have a lawyer represent you because hearings can be complicated.

If you are found guilty of an offence you may also be ordered to pay compensation to the victim, or restitution to the state. You should get legal advice to find out if this applies to you.

If you have been charged with a serious crime it is a good idea to get a lawyer. You should get legal advice about what discounts may apply if you plead guilty at each different stage of the criminal process. 

If your court matter has concluded and you were previously represented in the matter by a Legal Aid NSW lawyer or a private lawyer under a grant of legal aid, you should go back to the same lawyer for advice about an appeal.

Was the court attendance notice sent in time?

For some driving and minor criminal offences the police must charge you no later than six months after the offence was committed. If you have received a CAN more than six months after the offence was committed, you should get legal advice.

Do you agree with the police facts sheet?

The police write the facts sheet based on what they and any witnesses say they saw and heard. 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.

Time needed to prepare for court

Whether you plead guilty or not guilty, you will need to spend time preparing for court, and you will have to spend at least a day at court. If you want to plead guilty, and you are prepared for court, it is likely that you will only need to go to court once. If you plead not guilty you will need to go back to court on another day and sometimes more than one day.

Attending court

If you plead guilty, you can ask the court to have your case moved to another court (although the court may not agree to this). 

For more information, see Going to court.

If you plead not guilty, you will have to travel to the court where your case was first listed. This may be a long way from where you live or work.

Pleading guilty

If you plead guilty it means you agree that you committed the offence you were charged with and you do not have a defence.

When you plead guilty, the magistrate will usually sentence you on the same day. You may be sentenced on another day if you were charged with a serious offence, or if you agree or are ordered to participate in a course or program. 

During the sentencing, the police prosecutor will give the magistrate a copy of the court attendance notice (CAN), the police facts sheet, your criminal record and driving record. The magistrate will read these and will then ask if you have anything you want to say or if you want to hand up any documents. This is when you can make submissions and hand up documents to support your case. The magistrate will then decide your sentence. This is the penalty you should get, if any.

For more information, see Pleading guilty.

Penalties for criminal offences

If you plead guilty, you could receive a penalty, such as a fine, a good behaviour bond, or for more serious crimes, a prison sentence or intensive corrections order. 

Every offence has a maximum penalty.  The maximum penalty is the highest penalty a court can give you for the offence. 

Discount for early pleas

If you plead guilty early on, the court may give you a discount on the penalty. There is also the possibility the magistrate will dismiss the charges and impose no penalty. This is known as a 'section 10'.

Different discounts on penalty apply depending on the type of offence you have been charged with and at what stage you have pleaded guilty. You should get legal advice about your specific situation and about what the benefit would be in pleading guilty.  

For more information about penalties, see The decision.

Losing your licence

If you are found guilty of a driving offence and convicted, the court may disqualify you from holding a licence for a period of time. This means that your licence is cancelled and you must not drive.

At the end of your disqualification period you will need to apply to Transport for NSW (formerly Roads and Maritime Services) for a new licence. You cannot drive until you have been given a new licence.

For some offences a disqualification period is mandatory if you are convicted. This means the magistrate must disqualify you from driving. The only way you can avoid a licence disqualification in this situation is if the magistrate finds you guilty but doesn't record a conviction. This is commonly known as a 'section 10 dismissal'.

You can also appeal a magistrate's decision, including the sentence. 

In some circumstances, you can apply to remove your driver licence disqualification removed or get your traffic offender declaration quashed. 

For more information, see Losing your licence.

Driving and criminal records

If a court has found you guilty and convicted you of an offence, there will be a record of your conviction. Depending on the type of offence, your conviction may be recorded on your driving record or criminal record.

A court will use your driving record and/or criminal record to sentence you if you commit any further offences.

For more information, see Driving and criminal records.

Pleading not guilty

If you plead not guilty it means:

you did not do it, or
you did do it but you have a defence, or
you don't want to admit anything and you want to make the prosecution prove their case.

When you plead not guilty, the magistrate will give you a hearing date. At the hearing, the prosecutor will present evidence to try and show the court that you are guilty. You can also present evidence that shows you are not guilty or that you have a defence. The magistrate will then make a decision.

For more information, see Pleading not guilty.

Do you have a defence?

A defence is an explanation or reason that suggests you should be found not guilty of a charge. A defence can be a denial that you did what the prosecutor says you did. You may also have a defence if you have a legal excuse or justification for your actions.

Working out whether you have a defence to a charge can be very difficult. You should get legal advice about the circumstances of your case as soon as possible.

Paying costs

If you have been found guilty, the Court might make orders that you pay costs including court costs and levies, or a criminal compensation order. In some circumstances orders for legal costs may be made.

For more information, see Paying costs.

Changing your plea

If you have already entered a plea, but you want to change it, in some cases you can. 

If you plead not guilty plea and you change your mind, you can change your plea to guilty. You can do this at any time before your hearing date or on your hearing date, but you should do this as soon as possible. Before changing your plea, you should get legal advice.