skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

Reduction of sentence for early guilty plea

A scheme providing for a reduction in sentence for early guilty pleas was introduced in the previous Criminal Law (Sentencing) Act 1988 (SA) and continues in the current Sentencing Act 2017 (SA), which came into operation on 30 April 2018. On 2 November 2020 the scheme was further amended, with the maximum discounts available for an early guilty plea in the higher courts reduced. The criteria for which a court must have regard when determining a percentage discount has also been expanded.

The legislated scheme provides for a reduction of sentence by up to 40% for early guilty pleas in the Magistrates Court [Sentencing Act 2017 (SA) s 39] and up to 35% (up to 25% for serious indictable offences) in the higher courts [Sentencing Act 2017 (SA) s 40]. Under the early guilty plea discount scheme, the earlier the guilty plea is in the court process, the greater the potential reduction in sentence.

In determining the relevant reduction in sentence, the court can consider:

  • The proportionality of the reduction of sentence as compared to the seriousness of the offence;
  • The stage in the proceedings at which the defendant first indicated their intention to plead guilty;
  • Whether the defendant was initially charged with a different offence and whether negotiations occurred with the prosecution in relation to the additional offence(s);
  • In the case where a defendant has been charged with more than one offence, whether the defendant has pleaded guilty to the other offences;
  • Whether the defendant was made aware of any relevant matters which would have enabled them to plead guilty at an earlier stage;
  • Whether the defendant could not have reasonably pleaded guilty at an earlier stage because of circumstances beyond their control;
  • Whether the defendant disputed the factual basis of the plea, a hearing occurred in relation to the dispute, and the dispute was not resolved in favour of the defendant;
  • If the prosecution satisfies the court that the defendant intentionally concealed the commission of the offence, and if so, for how long the concealment lasted
  • Whether the prosecution's case against the defendant is so overwhelming that a reduction in sentence by the contemplated percentage would be so inappropriate that it would, or may affect public confidence in the administration of justice;
  • Whether any genuine remorse on behalf of the defendant is so lacking that a reduction in sentence by the contemplated percentage would be so inappropriate that it would, or may, affect public confidence in the administration of justice

See Sentencing Act 2017 (SA) ss 39 and 40.

Section 41 of the Sentencing Act 2017 (SA) outlines the process the court must follow in applying sentencing reductions.

For an outline of the specific reductions available and at what stage in the proceedings they apply, see the Duty Solicitor Handbook chapter on Guilty Pleas.

Reduction of sentence for early guilty plea  :  Last Revised: Thu Apr 19th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.