Sentence indication

A sentence indication is a statement by the court that provides you with an idea of the type or quantum (amount or length) of sentence you would be likely to receive if you were to plead guilty at this stage of your proceeding.

A sentence indication could indicate the type of sentence you would be likely to receive, for example, a sentence of imprisonment. It may also indicate the type of sentence within a specified range or quantum. For example, the periods of time you may be expected to serve or the monetary amounts you may be expected to pay.

You can request a sentence indication at any time before your trial. An application for a sentence indication should be made in writing to the relevant court. Whether a sentence indication is provided is a decision that is made by the court. You cannot appeal this decision.

If the court does provide you with a sentence indication, it will be given in open court. You can:

  • accept the sentence indication on the day it is given; or
  • respond within a timeframe specified by the court. If no timeframe is given for the expiry of the sentence indication, then you will have five working days, from the date the sentence indication was given, to respond.

If you accept the sentence indication on the day it is given you will be brought before the court as soon as possible to formally enter a guilty plea. The court will then either sentence you, or adjourn your case to a sentencing hearing.