What Is a Newton Hearing and Do I Need One?

A Newton hearing takes place when a defendant pleads guilty to an offence, but there’s a disagreement between the prosecution and defence about the facts. It’s essentially a mini-trial to decide which version of events the court accepts before sentencing. This can significantly affect the outcome, especially if the facts in dispute would make the offence more or less serious.

For example, you might admit to a charge of assault but disagree with the prosecution's claim that a weapon was used. If that fact would influence the sentence, and no agreement can be reached, the magistrates may hold a Newton hearing to decide whose version is more believable.

You do not need to request one yourself — the issue usually arises during case management or at the sentencing stage. The court will decide whether a Newton hearing is appropriate based on how relevant the disputed facts are. But you should be aware that if the magistrates reject your version of events, it may affect any credit you get for pleading guilty.

If you’re unsure whether to challenge the prosecution’s version or accept it for the sake of sentencing, it helps to be realistic. The more evidence you have to support your position, the stronger your chances. A structured case review can help you weigh that up before committing to a course of action.

Understanding what to expect at your first hearing and how sentencing decisions are made can also help you feel more confident when facing complex issues like Newton hearings.

Request a Case Review →