Traditionally, when you plead guilty to a charge in court, the penalty you receive is discounted. This is on the basis that you have saved the court time and money. New laws have been introduced, which mean guilty plea discounts are now strictly regimented. You should be aware of these discounts, because they can significantly affect the outcome of your matter.
Magistrates Court Pleas:
If you are charged with a summary or minor indictable offence, which will be finalised in the Magistrates Court, you are entitled to the following discounts for your guilty plea:
- From the first day you appear in court, until four weeks after that first date, you can receive a maximum of 40% discount to your penalty for pleading guilty.
- After four weeks from your first court date, but more than four weeks before a trial date, you can receive a maximum of 30% discount to your penalty if you plead guilty.
- If you plead guilty less than four weeks before a trial, but satisfy the court that you could not have pleaded guilty at an earlier time, because of circumstances out of your control, you can receive a maximum discount of 30%.
- In other circumstances where the court is satisfied that there is good reason, you can receive a maximum discount of 10%.
District Court and Supreme Court Pleas:
If you are charged with a major indictable charge, which will be finalised in the District Court or Supreme Court, you are entitled to the discounts for your guilty plea as follows:
- From the first day you appear in court, until four weeks after that first date, you can receive a maximum of 40% discount to your penalty if you plead guilty.
- If you plead guilty after four weeks from your first court date, but before you are committed from the Magistrates Court to the District Court or Supreme Court, you can receive a maximum of 30% discount.
- After you are committed to the District Court or Supreme Court, but before 12 weeks have passed after your arraignment date in those courts, you can receive a maximum of 20% discount to your penalty for pleading guilty.
- You may be entitled to 30% discount in penalty, even if you have not pleaded guilty before your matter was committed, if you can satisfy the court that you could not have pleaded guilty at an earlier time, due to circumstances out of your control.
- In certain circumstances, if you enter a guilty plea within 7 days after a particular application is made to the District Court or Supreme Court, but is more than five weeks away from trial, you may still qualify for a 15% discount to your penalty.
- In other circumstances where the court is satisfied that there is good reason, you can receive a maximum discount of 10%.
With some charges, it is important to note that minimum penalties must be imposed under law, such as drivers license disqualifications. The guilty plea discount regime does not mean that you can get less than the minimum penalty.
Despite these discounts, serious penalties can still be imposed for criminal offences, even if you have pleaded guilty at an early stage. You should always ensure that you seek our personalised legal advice for your matter by contacting us on 8342 4400, before entering a plea to a charge against you.
For more information, you can read Section 10B and 10C of the Criminal Law Sentencing Act here.