What Happens at a Plea Hearing in Victoria?
If you have been charged with a criminal offence in Victoria and decide to plead guilty, your matter will generally proceed to a plea hearing. A plea hearing is where the Court considers the circumstances of the offending and the personal circumstances of the accused before determining the appropriate sentence.
A guilty plea can have an important effect on sentencing. The timing of the plea, the circumstances of the offending, any previous convictions and the steps taken towards rehabilitation may all be relevant.
What is a plea hearing?
A plea hearing is a court hearing where an accused person who has pleaded guilty is sentenced by the Court.
A guilty plea is a formal admission of the offence charged. By pleading guilty, the accused does not require the prosecution to prove the charge at a contested hearing or trial.
A guilty plea may be entered at different stages of a criminal proceeding. Once the plea has been entered, the matter is listed for a plea hearing so the Court can determine the appropriate sentence.
Depending on the circumstances, the plea hearing may occur on the same day as the guilty plea or at a later date.
What happens at a plea hearing?
At a plea hearing, the prosecution usually outlines the circumstances of the offending and provides the Court with a summary of the facts.
The prosecution may address matters such as the seriousness of the offending, the accused's role, any aggravating features, the harm caused and any relevant prior convictions.
The defence then makes submissions on behalf of the accused. These submissions may address the guilty plea, the accused's personal circumstances, remorse, rehabilitation and any other matters relevant to sentence.
The Court may also receive supporting material, such as character references, medical or psychological reports, evidence of treatment or rehabilitation, employment information and material concerning family or caring responsibilities.
The Court may impose sentence at the end of the plea hearing or adjourn the matter if further information or reports are required, or if the Court needs to consider sentence.
Does a guilty plea reduce the sentence?
A guilty plea is a matter that must be taken into account when a person is sentenced in Victoria.
An early guilty plea will generally receive greater weight because it can save court time and resources and avoid the need for witnesses and victims to give evidence. The plea may also demonstrate acceptance of responsibility or remorse.
The timing of the plea is therefore important. However, a late guilty plea may still provide a sentencing benefit. The Court can consider the circumstances surrounding the timing of the plea, including whether there was a legitimate reason for the delay.
The Court is required to take the guilty plea into account, but a guilty plea does not guarantee a particular sentence.
What will the prosecution say at a plea hearing?
The prosecution will generally outline the circumstances of the offending and the matters it considers relevant to sentence.
This may include the seriousness of the offending, the accused's level of responsibility, any aggravating features, the harm caused and the applicable maximum penalty.
The prosecution may also address prior convictions, deterrence, victim impact material and any other sentencing orders it considers appropriate.
The prosecution does not decide the sentence. The responsibility for determining the appropriate sentence remains with the Court.
What will the defence say at a plea hearing?
The defence submissions provide the Court with information about the accused and the circumstances relevant to sentencing.
Depending on the circumstances of the case, submissions may address:
the timing of the guilty plea;
remorse and insight;
cooperation with authorities;
the accused's age and personal circumstances;
mental health or other health issues;
drug or alcohol treatment;
rehabilitation;
employment or education;
family and caring responsibilities;
previous good character;
prior convictions;
prospects of rehabilitation;
time already spent in custody; and
the suitability of a non-custodial sentence.
The defence may also ask the Court to impose a particular type of sentence where that sentence is appropriate and legally available.
What evidence can be provided to the Court?
Supporting material can be important at a plea hearing.
Depending on the circumstances, the defence may provide character references, medical or psychological reports, evidence of counselling or treatment, rehabilitation information, employment or education records and information about family or caring responsibilities.
Character references should generally demonstrate that the author understands the offending and the fact that the accused has pleaded guilty.
Medical or psychological reports may assist the Court to understand an accused person's health, treatment and rehabilitation prospects where these matters are relevant to sentencing.
Does remorse matter at a plea hearing?
Remorse can be relevant to sentencing, but a guilty plea and remorse are not the same thing.
A guilty plea may demonstrate acceptance of responsibility, particularly where it is entered at an early stage. Other evidence of remorse may include treatment or practical steps taken to address the circumstances that contributed to the offending.
The Court considers the evidence as a whole and is not required to accept an assertion of remorse simply because it is made.
What is a victim impact statement?
A victim may provide a victim impact statement describing the effect of the offending.
A victim impact statement may address physical injury, psychological or emotional harm, financial loss, property damage and the effect of the offence on employment, relationships or everyday life.
Victim impact material may be considered by the Court when determining sentence, subject to the applicable rules.
What factors does the Court consider when sentencing?
The Court considers the circumstances of the offence and the circumstances of the offender.
Relevant considerations may include:
the seriousness of the offending;
the maximum penalty;
the accused's role and level of responsibility;
planning and intention;
the harm caused;
the vulnerability of any victim;
violence, threats or weapons;
prior convictions;
whether the offending occurred while the accused was on bail or subject to another order;
the guilty plea;
remorse and rehabilitation;
personal circumstances;
delay;
parity with any co-offender; and
the totality of the sentence where there are multiple offences.
The Court must apply the relevant sentencing principles and impose a sentence proportionate to the gravity of the offending.
What sentences can be imposed after a guilty plea?
The sentence available depends on the offence and the sentencing powers of the Court.
Depending on the circumstances, possible outcomes can include a dismissal, fine, adjourned undertaking, community correction order or imprisonment.
A community correction order allows an offender to remain in the community subject to conditions. Conditions may include supervision, unpaid community work, treatment, restrictions on alcohol or drugs and other conditions.
For more serious offending, the Court may impose imprisonment. Where there are multiple offences, the Court must consider the overall effect of the sentences imposed.
Other orders may also be available under the legislation applying to the particular offence, including compensation, restitution, forfeiture or licence disqualification.
What is a sentence indication?
In appropriate proceedings, an accused may be able to request a sentence indication before deciding whether to plead guilty.
The process differs between the Magistrates' Court and the higher courts.
In the Magistrates' Court, a magistrate may indicate the type of sentence that would be imposed if the accused pleaded guilty. In the higher courts, a judge may indicate the type of sentence that would be imposed and, where applicable, the longest term of imprisonment that would be imposed.
A sentence indication is subject to specific procedural requirements and is not available in every case. It is also different from an agreement between the prosecution and defence.
Can a guilty plea be withdrawn?
A guilty plea cannot ordinarily be withdrawn simply because an accused person later regrets the decision or is unhappy with the likely sentence.
An application to change a guilty plea may be granted where this is necessary to avoid a miscarriage of justice. This may arise, for example, where the plea was not voluntary or properly informed, or where the accused did not understand the nature of the charge.
The circumstances will be carefully considered, particularly where a conviction or sentence has already occurred.
Can a sentence be appealed?
There are circumstances in which a person may be able to appeal a sentence.
Depending on the Court and the applicable appeal process, grounds may include that the sentence was manifestly excessive, the Court made a material factual or legal error, failed to consider a relevant matter or took an irrelevant matter into account.
The prosecution may also have limited rights to appeal a sentence.
Strict time limits apply to criminal appeals, and the available appeal process depends on the Court in which the sentence was imposed.
Get legal advice about a guilty plea
A guilty plea is an important decision that can affect both the way a criminal matter is resolved and the sentence that may be imposed. It is important to understand the charge, the prosecution case and the potential consequences before entering a plea.
If you are considering pleading guilty to a criminal offence, obtaining legal advice early can help you understand your options and prepare for the plea hearing.
Our criminal lawyers can provide advice about guilty pleas, plea hearings and sentencing in Victoria.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.