CLP Newton Hearing

Question 1

Procedure for a Newton Hearing

Answer 1

1. Prosecution opening speech
2. Prosecution calls evidence in usual way and pros witness cross-examined
3. Defendant and defence witnesses gives evidence
4. Pros & Def closing speech

Question 2

Who bears the burden of proof?

Answer 2

The prosecution needs to prove their version of the facts beyond a reasonable doubt

• If yes –> sentence D on Pros version of facts AND D loses some credit for guilty plea (reduction halved, more if witnesses are called)
• If no –> D sentenced on D’s version of the facts

It is for the court to decide on which basis the defendant should be sentenced

Question 3

When is a Newton Hearing held?

Answer 3

Where a defendant pleads guilty on a basis that will make a material difference to the sentence. The court holds a Newton hearing to decide the factual basis on which it should pass sentence