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NEWTON HEARINGS

NEWTON HEARINGS. Lady Justice Hallett DBE and Dame Linda Dobbs DBE. NEWTON HEARINGS. GENERAL PRINCIPLES Sentence on the basis of the Prosecution case unless there is an acceptable basis of plea.

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NEWTON HEARINGS

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  1. NEWTON HEARINGS Lady Justice Hallett DBE and Dame Linda Dobbs DBE

  2. NEWTON HEARINGS GENERAL PRINCIPLES • Sentence on the basis of the Prosecution case unless there is an acceptable basis of plea. • The Prosecution should only accept the basis of plea where there is no significant dispute of fact.

  3. NEWTON HEARINGS (contd.) • Where the Prosecution rejects part/all of basis of plea or lacks evidence positively to dispute the defendant’s account, if it would make a significant difference to sentence, the Prosecution should test D’s account by requesting a Newton hearing (R v Newton (1982) 77 Cr. App. R. 13, (1982) 4 Cr. App. R. (S.) 388).

  4. NEWTON HEARINGS (contd.) A Newton hearing is not required if: • The difference between versions is immaterial or D’s version is ‘manifestly false’ or ‘wholly implausible’ R v Hawkins 7 CrAppR(S) 351 • Where matters put forward are not really a contradiction of P case but effectively mitigation.

  5. NEWTON HEARINGS (contd.) • Anyone can raise issue. • The criminal burden and standard of proof applies. There should be express reference to such in the ruling. • What effect does the holding of a Newton hearing have on credit for a guilty plea?

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