What is a Newton hearing?

The general question asked is whether a Defendant should plead Guilty or Not Guilty. However, there is a third option which is often under-utilised.

This involves entering a guilty plea on a basis. This involves accepting guilt but doing so on limited facts. For example, in a case involving drugs supply a Defendant may wish to accept their guilt but state that they were acting under pressure. In a money laundering case, the Defendant may wish to limit the amount of money they were involved in.

This is a delicate exercise in negotiation to see how much can be accepted, it can result in years being taken off a sentence and in some cases the imposition of a suspended sentence rather than one of immediate custody.

A 'Newton' hearing is where evidence is called to make a factual determination for sentence. It will be ordered by a Judge where it is felt that a basis of plea makes a material difference to sentence. This means that there is a risk that any credit for a plea can be lost.

The general guidance where there is an unsuccessful newton hearing i.e. the Court finds against the Defendant, up to half of the credit for pleading guilty can be lost.