Charge Negotiations (NSW)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 20 April 2026.

When a person is charged with criminal offences, it is sometimes possible to negotiate with the prosecution for the withdrawal or substitution of charges or for the amendment of the police statement of facts. This may allow the matter to be finalised as a guilty plea and avoid the need to proceed to a contested hearing. This page deals with charge negotiations in New South Wales.

Rationale for charge negotiations

In general, parties to criminal matters are encouraged to engage in charge negotiations. This is because it is preferable for both parties and for the courts if a matter resolves into a plea of guilty. Pleading guilty is quicker and cheaper than contesting charges and also means that the accused person is taking responsibility for their offending.

The prosecution is generally amenable to negotiating charges when there is a substitute charge that adequately reflects the nature and severity of the offending. Prosecutors may also be agreeable to a plea deal if there are weakness in the Crown case and it is likely that some charges will not be proven if the matter goes to hearing.

Considerations when engaging in charge negotiations

There are a number of matters that must be taking into account when deciding whether to agree to a plea deal.

Are you actually guilty?

This may seem obvious, but it can be more complicated than it seems. Before agreeing to plead guilty to a charge, an accused person must be satisfied that all the elements of the offence are made out. They should also be sure that there is no legal defence available to them.

Can they prove it?

If a person is considering pleading guilty to a charge, they should seek legal advice on whether the prosecution can prove them guilty of the offence. If the case against them is weak, it is likely to be in their interests to fight the charge.

Are the alleged facts accurate?

The police statement of facts is the document that outlines what the prosecution says happened. It is based on the evidence against the accused including witness statements and any admissions made by the accused.

A person should notplead guilty to offences unless the police statement of facts accurately summarises what happened. When a person pleads guilty in court, the police statement of facts will be read out and the accused will be sentenced based on the information in it. There must not be any statements in it that the accused disagrees with.

Sentencing discount

A person who pleads guilty to offences is extended a sentencing discount. This is given in recognition of the fact that they have taken responsibility for their actions and saved the court the time and resources of running a contested hearing.

The earlier in proceedings a person pleads guilty, the bigger sentencing discount they will be given. If you are likely to be found guilty of an offence, it is generally better to plead guilty at an early opportunity.

Prosecution considerations when considering charge negotiations

When the prosecution is considering whether to agree to a plead deal or not, there a number of factors it must take into account.

Views of victims

The prosecution will take into account how any victims of the offence feel about a plea deal. If the victim feels strongly about proceeding with the original charges, the prosecution in unlikely to agree to a plea deal.

Cost and time of prosecution

The prosecution will also consider how must time and expense will be involved if the matter proceeds to a contested hearing. If agreeing to a plea deal will save a lot of time, expense, or save a witness a lot of stress, charge negotiations are more likely to succeed.

Facts must not be distorted

The prosecution will only agree to withdraw or substitute charges if this can be done without distorting what actually happened. If substituting a charge would distort the facts and create an artificial basis for sentencing, it is unlikely that the prosecution will agree to this.

If you require legal advice or representation in any other matter, please contact Go To Court Lawyers.