Considerations for Pleading Guilty or Not Guilty
Being charged with a criminal offence can be a daunting and nerve-wracking experience for many people. A number of people who are arrested and charged by Police are also unaware as to whether they should be talking to police and having their say.
Right to remain silent
In many instances, when the Police are investigating the alleged committing of an offence/s, the Police will activate their body worn videos, administer a caution and read a person their rights. One of those rights is the right to remain silent, meaning you do not need to say or do anything you don’t want to do, but if you choose to do so, then the things you say or do can be used in court as evidence.
Once the Police have investigated the matter and spoken to all relevant and involved persons, they will decide on whether an accused person will be charged with what offences.
NSW Police Facts Sheet
The Police will then draft a document, titled “NSW Police Facts Sheet”. This document is then handed to an accused person together with a Court Attendance Notice. The NSW Police Facts Sheet is simply the facts which the police allege to have taken place and outlining the alleged offences. The NSW Police Facts Sheet is not evidence, and in many instances does not reflect the true factual matrix, particularly when an accused person exercises his/her right to remain silent.
Deciding whether to plead guilty or not guilty
In deciding whether to plead guilty or not guilty it is important to obtain legal advice as soon as possible. This is usually when an accused person has a Court Attendance Notice and NSW Police Facts Sheet.
Where an accused person denies having committed the alleged offence/s and takes issue with the facts alleged, it is usually easier to conclude that a plea of Not Guilty should be entered. However, it is important to have regard to factors like:
- Are there any other witnesses?
- Is there or could there be CCTV footage?
- Have you inadvertently made admissions to an offence and whether those admissions are admissible or not?
Understandably, the offences for which you are being charged and the element of those offences is an important determination. Knowing what evidence exists, or lack of evidence is also a critical aspect in considering what plea should be entered.
Disputed facts
There are instances where an accused person admits to Police that they did commit an offence, however, the factual matrix or sequence of events is disputed. In such instance, it may be necessary to do Representations to the Police to have the facts amended. It is important to bear in mind that pleading guilty to an offence based on more favourable facts to an accused person can make a significant difference. There may be factors such as provocation which contributed to you having committed the offence.
In some instances, even when plea/s of guilty are entered, a disputed facts hearing is required in order for the Court to determine the facts based on evidence which will be adduced at the hearing.
What next?
Obtaining legal advice and exploring possible defences to a charge as soon as possible and discussing your matter with one of our experienced lawyers at NCL will make the decision making process easier and more cost effective for you.
