What do the Statistics say about Pleading Not Guilty?

Our criminal justice system relies on the majority of defendants pleading guilty in order to avoid an enormous backlog of cases.

But did you know that over half of all defendants plead guilty early on, and a further 28 per cent of end up pleading guilty at a later stage in their criminal proceedings?

Only 17 per cent pleaded not guilty according to the newest findings published by the NSW Bureau of Crime Statistics and Research (BOCSAR) this September looking at statistics between 2011 and 2013.

Pleading guilty early:

The BOCSAR study found that, overall, 55 per cent of defendants pleaded guilty early on.

Defended hearings in the local courts and jury trials in the higher courts occur if a defendant pleads not guilty throughout their proceedings.

They can take up a lot of time and resources because witnesses will normally be called to the witness stand and be asked questions by both sides.

There may also be a significant amount of time spent on legal arguments and judgments during the proceedings.

The time spent on a case when a person pleads guilty will be significantly less.

For this reason, the law will allow a ‘utilitarian discount’; in other words, a discount on sentencing for saving time and money.

That discount can be up to 25 per cent for an early guilty plea, and it may even result in a different penalty being given altogether.

For example, a sentencing magistrate or judge may impose a good behaviour bond on a person who pleads guilty rather than a more serious penalty such as a community service order (or worse) if they were to have pleaded not guilty and been found guilty.

Unfortunately, many innocence people end up pleading guilty and this may be for a variety of reasons – they may be pressured to do so by certain lawyers or by family or friends, they may not be able to afford to pay for a private criminal defence lawyer for a lengthy hearing or trial and may not be eligible for legal aid, they may just want the whole thing to be over with as quickly as possible, and/or they may be afraid of the uncertainty and potential consequences of a hearing / trial.

Since court case can take many months or even years to conclude, it may seem tempting to avoid stress and pressure by pleading guilty even if you are innocent, particularly if police indicate they will ‘go easy’ on them if they do so.

But if you are innocent, you should never plead guilty.

In fact, a good lawyer will often be able to get your case dropped by gathering relevant evidence such as positive witness statements and subpoenaed materials and putting to the prosecution that they cannot prove your case beyond reasonable doubt or that you have a valid legal defence.

Pleading guilty late:

Some people will plead guilty after their case has been going for some time.

They may even do this on the day of their defended hearing (in the local court) or at the start of a jury trial (in the district or supreme court).

In some cases, those who plead guilty at a later stage may still be eligible for a significant discount – especially if the prosecution downgrades or reduces the number of charges.

The BOCSAR study found that people may delay pleading guilty for a variety of reasons, including when:

• The defence believes that the prosecution will drop charges as the case progresses;
• The defence thinks more evidence will come to light closer to the trial;
• The prosecution accepts a lesser plea charge later in the proceedings;
• A defendant wants to postpone an inevitable penalty;
• A defendant does not understand how serious the proceedings are until they come to a hearing; or
• The defendant hopes that the case may collapse because of a lack of evidence or police errors.

The time between the commission of the alleged offence and the hearing or trial can vary widely.

Less than 30 per cent of local court hearings were held within six months from the date of the charge.

41.2 per cent came to hearing within six months and a year, but just over 30 per cent did not come to a hearing until at least a whole year later.

The statistics on jury trials are even worse, and some cases won’t reach a trial until 2 or 3 years after the case first started.

What are the predictors of not guilty pleas?

Older defendants were more likely to plead not guilty than younger defendants, and those who did plead guilty usually did so later on in the proceedings.

Those who already had a criminal record, or had served jail time, were less likely to plead not guilty.

Those who were charged with child sex offences (not including aggravated sexual assault) robbery, theft, break and enter, drug offences and those charged with more than one offence were more likely to plead guilty.

Those who committed domestic-violence related crimes were also more likely to plead guilty.

If you are considering whether or not to plead guilty, it is a good idea to speak with a specialist criminal lawyer before making your final decision.

A number of criminal law firms offer a free first consultation where a lawyer will be able to look at your case and advise you about the best way forward.