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  1. Pleading not guilty means that you say you didn’t do the crime. Or that you did, but you had an excuse which the law recognises as a defence. The court will then have a trial to decide whether you’re guilty. If the court decides that you are guilty, you’ll be convicted. The court will decide what sentence to give you.

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    • Overview

      Quick facts. If you’re charged with an offence, you’ll have...

  2. The magistrates, District Judge or jury will then ‘retire’ to consider their verdict. The CPS prosecutor opens the trial – setting out the charges and the facts in the case. Our role is to prove, based on the evidence, that the defendant is guilty. The defence doesn’t need to prove that the defendant is innocent.

    • What happens if you plead guilty to a crime?1
    • What happens if you plead guilty to a crime?2
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  3. Pleading guilty means that you formally admit that you have committed the offence of which you have been accused. If you plead guilty, the court will then proceed to consider the sentence that you should be given. This could be a custodial sentence, fine, or community sentence. Pleading not guilty means that you deny committing the alleged ...

    • Overview
    • Aggravating or mitigating circumstances
    • Sentencing guidelines

    If you are found guilty of a crime, your sentence will depend on a number of factors, including the type, seriousness and circumstances of the crime.

    When deciding on a sentence, the judge or magistrate will consider things like:

    Your sentence might depend on any ‘aggravating’ or ‘mitigating’ circumstances.

    An aggravating circumstance is something that makes a crime more serious, such as burgling someone’s house while they are asleep in bed.

    Judges and magistrates must follow guidelines from the Sentencing Council when deciding what sentences to give. They may also look at decisions made by the Court of Appeal in previous cases - this is called ‘case law’.

  4. Aug 27, 2020 · First and foremost, if you intend to plead not guilty, it is of the utmost importance that you seek legal guidance at the earliest opportunity to prepare a robust defence with your solicitor before going to trial. Some key considerations when preparing a defence are: The severity of the charge against you. What the police need to prove.

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  6. Pleading guilty to an offence means that you accept you have committed that offence. Once you plead guilty you are convicted of the offence. Once you plead guilty you are convicted of the offence. For this reason, following a guilty plea there is no need for a trial and the court will proceed to sentence, either immediately or at a later hearing.

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