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Understanding Newton Hearings: Principles and Procedures

Learn about Newton Hearings with Lady Justice Hallett and Dame Linda Dobbs. Explore sentence basis, evidence disputes, and effects on guilty pleas.

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Understanding Newton Hearings: Principles and Procedures

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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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