Jurisdiction(s):
United Kingdom

Key definition

Written basis of plea definition

What does Written basis of plea mean? A written basis of plea is a concise, signed document setting out the specific facts the defendant admits when pleading guilty, so the court knows the factual basis for sentencing. It is usually drafted by the defence, served on the prosecution, and—if agreed—signed by both sides and the defendant. The court is not bound by it; if any disputed fact would materially affect sentence, the judge may reject the document and resolve the dispute (commonly by a Newton hearing) before passing sentence. It must not contradict the indictment, must be limited to material facts rather than mitigation or argument, and...

Agreed Basis of Plea, Newton Hearings and Friskies Schedules: Procedure, Disputed Facts and Sentencing Credit (England and Wales)

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Practice notes

Where defendants acknowledge guilt, they can either enter a guilty plea or require the prosecution to prove the case. Pleading guilty may attract a reduction in sentence; see Practice Note: Credit for guilty plea. That said, the Sentencing Council’s overarching guidelines on reductions for a guilty plea expressly curtail credit where a Newton Hearing has occurred and the defendant’s account has been rejected. Those guidelines provide that the reduction otherwise available at the stage the plea was first indicated will generally be cut by half, and, if witnesses are called during the hearing, a further downward adjustment may be appropriate. Practitioners should therefore think carefully about any proposed Basis of plea and be alert to the effect an unsuccessful Newton hearing may have on anticipated credit. They should also ensure clients are advised on both issues before a plea is entered, and that a comprehensive note of those discussions is kept. Note that, prior to entering a guilty plea, a defendant may seek an indication of sentence under...

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Web page updated on 21/05/2026

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