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What is the Early Appropriate Guilty Plea EAGP Scheme in NSW?
Since 2018, all strictly indictable offences and elected offences (being indictable offences which can be finalised in the Local Court, unless the Prosecutor or Defence elects to have the matter determined in the District Court) have been subject to the Early Appropriate Guilty Plea (EAGP) scheme.
What is the EAGP/Early Appropriate Guilty Plea Scheme Process?
There are four steps in the EAGP process. These are:
- Brief service. Following an accused person being charged with an offence giving rise to the EAGP scheme, the court will make orders for the Police to serve all of the evidence required to prove the charge/s against the accused. The standard initial adjournment for the Brief of Evidence to be compiled and served is 8 weeks. Upon making brief service orders, the court will adjourn an accused’s matter for ‘Brief Status Mention’ whereby the court is updated by the parties as to the service of the Brief of Evidence. In most instances, the entirety of the Brief of Evidence is not complete within the initial 8 week period, and can take several months to be finalised. This is often due to the complexity of the case against an accused, or where there are delays in having forensic or other evidence analysed. In such cases, further adjournments will often be necessary for further Brief Status Mention to confirm progress of the compilation and service of the Police Brief of Evidence.
- Charge Certification. Once the Prosecution indicates that the Brief of Evidence has been served on an accused person, the matter will progress to Charge Certification. Charge Certification requires the Office of the Director of Public Prosecutions to consider the evidence against the accused person and to certify what charges are supported by the evidence and usually requires a 6 week adjournment of an accused’s case for the Charge Certificate to be finalised. It is common for there to be a variation in the number and nature of the charges against an accused person upon review of the evidence against an accused person. A decision may be made to proceed on the current charge(s), to add additional charges, to lay more serious, or less serious charges or to withdraw some or all of the charges against an accused. The Charge Certificate is filed with the Local Court outlining the charges which the Prosecution intend on pursuing against an accused person after reviewing the evidence contained within the Police Brief of Evidence.
- Case Conference. Once the charge(s) against an accused person have been certified by the Prosecution, the court will adjourn an accused’s matter for a Case Conference. The usual adjournment period for a Case Conference is 8 weeks. A Case Conference requires the Prosecution and Defence to arrange a meeting to discuss the case against an accused person, to narrow any potential issues in dispute and to ascertain whether any plea negotiations can be entertained with a view to an accused person entering plea(s) of guilty. Negotiations undertaken during Case Conferences may involve the Defence negotiating pleas of guilty to less serious charges or a reduced number of charges as well as negotiating a potential set of Agreed Facts for sentence. It is important to consider that there may be instances where an accused person wishes to defend the charges against them and that no potential appropriate guilty pleas can be explored during a Case Conference.
- Once a Case Conference has been finalised, the court will be advised by the parties as to the outcome of the Case Conference. There are a number of potential outcomes which may arise from a Case Conference depending on the circumstances of an accused’s case:
- Plea(s) of guilty are to be entered and the accused’s matter is committed (transferred) to the District Court or Supreme Court for sentence.
- Plea(s) of guilty are to be entered and the accused’s matter is to remain in the Local Court for sentence.
- No plea agreement has been reached and the matter is to be defended and the matter is to be committed (transferred) to the District or Supreme Court for trial.
- In some limited circumstances, a Committal Hearing may be appropriate to assess the strength of the case against an accused.
Why is the Early Appropriate Guilty Scheme important?
The Early Appropriate Guilty Scheme is important as it allows the Prosecution and Defence to assess the prospect of a matter being resolved by way of an early plea of guilty. This does not mean that an accused must decide to enter any pleas of guilty. There are numerous instances where an accused person elects to proceed to trial and is ultimately successful in securing a dismissal or not guilty verdicts after trial. In circumstances where the case against an accused is a strong one, an early plea of guilty will result in a sentencing discount of 25% in recognition of an accused’s early plea of guilty. Once a matter has been committed for trial, the discount on sentence available to an accused for a plea of guilty entered later in the proceedings diminishes significantly, and late pleas of guilty will often attract discounts on sentence between 5-10%.
How do I choose the right lawyer for my EAGP matter?
Choosing the right criminal defence lawyer in Sydney with a wealth of experience in defending serious criminal charges is important to maximise your chances of obtaining the best possible outcome in your case. Our team of lawyers have many years of experience in EAGP matters and possess a detailed knowledge of the various legislation and practice directions which govern the conduct of EAGP matters. Our lawyers are highly skilled and respected advocates who pride themselves on their ability to give you detailed, yet easy to understand legal advice and to advance your interests in defending the charges against you, or to negotiate a resolution of your charges should you wish to consider pleading guilty.
Why choose Australian Lawyers and Advocates?
If you are charged with a serious indictable offence, or other serious offence attracting the EAGP scheme, our team of criminal defence lawyers in Sydney can help. We will carefully consider your case and provide expert advice on your options.
Our team of expert criminal defence lawyers in Sydney have a proven track record of securing successful outcomes for our clients in criminal law matters. Our results speak for themselves.
If you require expert representation in a criminal or traffic law matter, don’t delay. Contact our expert criminal defence lawyers in Sydney today.
The content contained within this guide is expressed as a general guide as to this area of law and is not intended to contain legal advice specific to an individual’s case. If you, or someone you know has been charged with a criminal or traffic offence and requires legal advice, do not hesitate to contact Australian Lawyers and Advocates to discuss any criminal law or traffic law matters further.
