Other Criminal Law
7. Plea Hearing
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 12 Jul 2015
- If you are a young person who pleads guilty or is found guilty of a criminal offence by a court a ‘plea hearing’ will be conducted.
- At this hearing the judge or magistrate will hear submissions and evidence about what the appropriate sentence should be.
- In reaching their decision the judge or magistrate will take various factors into account including:
- your age at the time of the offence;
- your criminal history;
- your family background;
- the seriousness of your crime;
- any mental health or other medical issues; and
- the impact on the victim.
- The sentencing hearing gives you an opportunity to explain through your lawyer why the judge should award a more lenient (lighter) sentence.
- Factors that can mitigate (reduce) the sentence include:
- references from schoolteachers or extracurricular supervisors such as sporting coaches to show that the offence was out of character;
- evidence that you are attempting to rehabilitate yourself through regular school attendance and participation in community work; and
- evidence that you have shown remorse by apologising to the police or to the victim.
- In some jurisdictions and for repeat offenders the judge or magistrate may order a pre-sentence report from the Corrections Department or a court appointed psychologist.
- The report will give background information about you and can offer recommendations regarding sentence.
- These reports carry a great deal of weight and in most cases the judge or magistrate will adopt some or all of the recommendations in arriving at the sentence.
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