CLP 6 - Newton

Question 1

When are Newton Hearings heard?

Answer 1

When the defendant please guilty but disputes the facts of the offence (i.e. they did less than they are being accused of)

Question 2

What is the first step towards a Newton Hearing

Answer 2

The defence will draft a basis of plea and pass to prosecution for their agreement

Question 3

What if the prosecution do not agree the defendant’s ‘basis of plea’?

Answer 3

• If the basis of please is not absurd and would affect the sentence, a Newton hearing will be held.
• Otherwise sentence as normal

Question 4

What if the prosecution agree the defendant’s ‘basis of plea’

Answer 4

the court will have to consider if they are happy with the basis. If not, they will move to a Newton hearing

Question 5

What happens at a Newton hearing?

Answer 5

• prosecution makes an opening speech and calls evidence in the usual way and their witnesses can be cross-examined by the defence.
• defendant is able to give evidence and call witnesses if they so wish.
• Both parties are entitled to address the Judge by way of a closing speech.

Question 6

How is a Newton hearing decided?

Answer 6

If the prosecution can’t prove their case beyond reasonable doubt, the defendant is sentenced on their version of the facts.

If the prosecution do prove their case, the defendant loses some credit for the guilty plea (normally halved, possibly more if witnesses are called).