Court Matters EAGP

Question 1

Benefits of Early Appropriate Guilty Plea (EAGP)?

Answer 1

• Increase guilty please
• Matters that go to trial will be more efficient
• Reduces time, effort and resources on trials
• Allows certain evidence to be served in an inadmissible format
• Requires defence/prosecution to engage in case conference to
  identify agreed or disputed facts

Question 2

What to include in EAGP Brief?

Answer 2

• Brief items list and summary of evidence
• Details of any co accused
• CAN
• Facts
• Antecedents
• Evidence required to satisfy elements of the offence/s (including
  identity of accused)
• All material obtained that forms the basis of the prosecution case
• All material obtained that is relevant to the case for the accused
• All material obtained that would affect the strength of the prosecution case
• Disclosure certificate

Question 3

What Items do you not need to included in EAGP?

Answer 3

• Statements from corroborating officers
• Forensic statements
• Expert witness statements
• Formal custody statements

Note: If above has already been obtained, include.

Question 4

What is the Process of EAGP?

Answer 4

• 1st mention Brief Service Orders
• Generally brief to be served in 8 weeks. Police prosecutor appears
• 2 nd mention Confirmation of brief service
• Seek adjournment of 6 weeks for charge certificate
• Bail application (dependant on case)
• Matter to be taken over by ODPP
• Charge certification checks
• ODPP requisitions if DPP requires further evidence from police. Consultation between DPP and NSWPF
• DPP to file charge certificate must not be later than 6 months from first mention date
• Criminal Case conference to determine whether accused is willing to plead guilty
• Committal for Sentence or Trial