Pleading guilty or not guilty

You are considered innocent until proven guilty under the standard of proof. This means the police have to give evidence to the court to prove beyond a reasonable doubt that you are guilty of the offence.

You will need legal advice to help you decide if you wish to plead not guilty or guilty to the criminal charge against you.

Pleading guilty means you agree with the charges that police have placed against you.

Pleading not guilty means you do not agree that you committed the offence.

You can change your plea to guilty up to, and on the day of your committal hearing or trial.

If you plead not guilty, you or your lawyer can defend the charge, first in the Magistrates Court.

If you plead guilty, the process will depend on whether the crime is a simple or indictable offence.

Before deciding on a plea, you and your lawyer should consider all facts and evidence.