EARLY APPROPRIATE GUILTY PLEA (EAGP) SCHEME?
The Early Appropriate Guilty Plea (EAGP) scheme was introduced in 2018 and encourages defendants to plead guilty early in the stages of criminal proceedings, with the incentive and reward of a discounted sentence. The purpose of the scheme is to save and preserve the resources of the Court and State.
IMPORTANCE OF EAGP SCHEME
If you have been charged with a criminal offence and are considering a guilty plea, it is imperative to understand the EAGP scheme as the scheme is one of numerous ways our expert criminal lawyers at Criminal Lawyers Group have secured minimal sentences for criminal offences.
The EAGP scheme is time sensitive so it is important to speak to our specialised criminal lawyers at the earliest opportunity to secure the best outcome.
If you or anyone you know have been accused or charged with a criminal offence, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT SENTENCING DISCOUNTS CAN I GET AS PART OF THE EAGP SCHEME?
The EAGP scheme has caps on the discount available on a sentence, which are tied to how early and at what stage of criminal proceedings a defendant pleads guilty. The sentencing discount caps are as follows:
- 25% sentencing discount cap if you plead guilty in the Local Court, before it is referred to a higher court.
- 10% sentencing discount cap if you plead guilty in a higher court, although only if the guilty plea is entered at least 14 days prior to the first scheduled trial date.
- 5% sentencing discount cap if the guilty plea is entered any stage after the above.
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WHAT IS THE PROCESS OF THE EAGP SCHEME?
Brief of Evidence
Once an accused has been charged with a criminal offence, they will be provided a Court Attendance Notice which lists the first court date of the proceedings, referred to as a Mention. At the Mention, the Court will order that a Brief of Evidence be served by the Police to the defence and Office of the Director of Public Prosecutions (ODPP).
The matter is then adjourned for 8 weeks to allow the Brief to be served, in anticipation of the next Court date.
Charge Certification
Following the adjournment, the parties will inform the Court on the status of the Brief. If the brief contains all the evidence the prosecution deems necessary for them to prove the charges and has been served, the Court will make an order for the prosecution to certify a charge and the matter will progress to charge certification.
The Charge Certification requires the prosecution to present a charge certificate to the Court that outlines the charges that they have decided to prosecute.
Case Conference
After the Charge Certificate has been presented to the Court, the Court will order that the prosecution and defence participate in a case conference.
During the case conference, the parties will negotiate and try to resolve the matter early. They will generally discuss the case and evidence and attempt to narrow down any issues. At this stage, a plea may be entered and agreed upon.
Committal
At this stage, the parties will inform the Court whether an appropriate guilty plea was agreed upon. This will determine whether the matter will be committed to sentencing or committed to trial.
If an appropriate guilty plea is agreed, then agreed facts that represent the plea will be provided to the Court and the Court will commit the matter for Sentence.
If an appropriate guilty plea is not agreed, the Court will commit the matter for trial.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with a criminal offence, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
We will ensure you understand the judicial process and your rights as a defendant and provide the maximum level of legal representation for your case.
Our award-winning team of criminal law experts are nationally recognised for securing the best outcomes for our clients across NSW who have been charged with criminal offences, including securing reduced sentences through early guilty pleas.