Should I plead guilty if I committed the offence?

When charged with an offence, you have three options:

1. Plead Guilty.
2. Plead Not Guilty.
3. Adjourn for legal advice (The best first step).

The Benefits of Pleading Guilty

Queensland courts recognize that pleading guilty saves the community the time and expense of a trial. Under Section 13 of the Penalties and Sentences Act 1992, the court must take a guilty plea into account and may reduce the sentence.¹

• Early Plea: The earlier you plead (e.g., at the first mention), the greater the discount (often up to 30%).
• Late Plea: Pleading guilty on the morning of the trial attracts a smaller discount.

Dangers of Pleading Guilty Too Soon

However, you should not rush.

• Incorrect Facts: Police “QP9” (court briefs) often contain errors or exaggerations. If you plead guilty, you are admitting to those facts. We can negotiate to have exaggerated facts removed before you plead.
• Over-Charging: Police might charge you with “Assault Occasioning Bodily Harm” when the injury was minor and it should be “Common Assault.” We can negotiate a downgrade.

Pleading Not Guilty

You are presumed innocent. The police must prove the case beyond reasonable doubt. If the evidence is weak, or obtained illegally, we may advise you to plead Not Guilty and proceed to trial.

Case Conferencing

Before a trial, we engage in “Case Conferencing” with the prosecution. This is a formal negotiation process to see if the matter can be resolved (e.g., they drop 2 charges if you plead to 1).

Related Criminal Law Topics

• Do I need a lawyer?
• Criminal records
• Criminal Law Practice Area

strategic Advice

At Bell & Senior, we review the police evidence (the “brief”) in detail before advising you on your plea. We ensure you don’t plead to something you can’t be proven to have done.

Unsure how to plead? Contact us for a case review. Call (07) 5532 8777.