If you have been charged with a criminal offence, then you can ask the Judge for a sentence indication. A sentence indication is just that; it is an indication of what the Judge would sentence you to if you plead guilty. It can be very beneficial to you as it provides a degree of certainty about what you may be facing. The Judge that gave you the indication will normally be the sentencing Judge.
Content of a Sentence Indication
A sentence indication usually outlines the end sentence that is likely to be given if you plead guilty. A sentencing indication tells you the potential financial penalties, like fines, or the length of time you could be imprisoned.
It can also be beneficial in ruling out sentences that will likely not be imposed. For example, a Judge could indicate that while you will not be sent to prison, all other sentencing options are possible depending on further information provided (like home detention).
The Process of a Sentence Indication
You can only apply for the Judge to give a sentence indication before the start of the trial, and this must be done by submitting a written application. The Judge must be provided with an agreed summary of facts, any information regarding previous criminal convictions, and victim impact statements if available. Your lawyer may make submissions outlining mitigating or possibly aggravating factors of the offending, and any aggravating or mitigating personal features (like rehabilitative efforts or demonstrations of remorse).
The Court can decline to provide a sentence indication, and should they do this the decision cannot be appealed. If agreed to, a Judge will deliver their sentence indication in open court, and you will usually be present. You can accept the sentence indication on the day that it is given, and in that case the Court would likely try to bring you before the court to formally enter a plea that same day. The Court would then sentence you or adjourn the case to the next available sentencing hearing. If you would like time after receiving the sentencing indication to consider their options that it also allowed as you have up to five days to accept or decline the sentence indication. If you choose to decline the given sentencing indication, then the case will proceed as normal.
It is important to note that a sentence indication is only binding on the Judge who gave it unless there is new information that materially affects the sentence indication. In practice at sentencing, a different Judge to the one who gave the sentence indication may either adjourn the matter to be heard by the original sentence indication Judge or at least provide you with an opportunity to change your guilty plea before departing from the sentence indication. Once in trial, the fact that a sentence indication was requested cannot be raised by any involved parties and it cannot be used to imply a finding of guilt.
What does this mean for me?
If you are a defendant facing trial, you should ask your lawyer if it is appropriate in your scenario to ask for a sentencing indication. It can help you, along with advice from your lawyer, to come to a decision on what plea you would like to enter and give you an idea of the outcome of your charges.
The first step in getting support is to talk with a lawyer from Frontline Law about your situation and see what options we can offer you. Contact Frontline Law for a free initial consultation.
*The information in this blog post is general in nature and is not legal advice. If you need advice, you should contact us about your specific situation.
