Newton Hearing

[fruitsalad]

Does the defendant have to speak for themselves in a newton hearing, or does the barrister and prosecution fight the case out amoungst themselves?

[DTCwordfan]

this explains it, fruitsalad.... http://www.cps.gov.uk/legal/l_to_o/newton_hearings/

[New Judge]

It is no different to any other court hearing. The defendant can speak on his own behalf (and conduct his case, such as examining and cross-examining witnesses) nor he can employ an advocate to do so for him.

[fruitsalad]

Thank you or the link DTC really dont understand anything about this so hopefully it will help

[DTCwordfan]

any context or case that you are involved with, fruitsalad?

[fruitsalad]

NJ does that mean he doesnt have to speak? hes just getting so uptight about it all, venting to me and I am getting mentally exhausted listening to his worries everyday.

[fruitsalad]

Not me DT, my Son

[New Judge]

He will have to speak if he intends to give evidence (which pesumably he will because, by the very nature of the hearing, his version of events will be different to that of the prosecution).

[fruitsalad]

Ah yes I see, ok thank you, just thought his barrister might have done that on his behalf.

[DTCwordfan]

well I hope that he is being as communicative (and consistent) with his solicitor...... Not easy for you, fruitsalad....

[fruitsalad]

He does speak to his solicitor on a regular basis, but it seems the solicitor isnt giving him enough information and hes getting very frustrated by it all.

[New Judge]

Just a layman’s guide to Newton Hearings which may help:

They are held when a defendant pleads guilty but disputes the facts of the matter. They are only held where the likely sentence will be materially different depending on which version is accepted. The decision to hold one is made by the judge or magistrates (depending upon which court the matter is being heard).

A simple example is speeding. I was stopped by police for speeding. I plead guilty but the prosecution says I was doing 100mph (likely penalty, a large-ish fine and 6 points, or possibly even a ban). I say I was only doing 80mph (likely penalty a smaller fine and three points). A Newton Hearing is held. The Police officers involved are called to give their evidence (“we followed New Judge for a mile and the maximum speed according to our calibrated speedometer was 100mph”). I give mine (“my speed according to my factory-fitted speedometer was 80mph”). The magistrates then decide which version they accept and sentence me accordingly.

If your son has a solicitor or barrister he will decide whether he has to give evidence or not. If he does he will have to provide his version of events under oath.

[Buenchico]

A defendant would need to give evidence if there was no other evidence in his favour to rely upon. (Otherwise he'd have no case to put before the court). However he might not need to do so when third party evidence can be called upon to support his case.

e.g. The prosecution allege that an ABH offender deliberately followed his victim to the pub with the intention of attacking him. He then punched the victim several times in the face until he fell onto the floor. Then he aimed kicks to the victim's head. The offender pleads guilty to ABH but asks for a Newton hearing to prove that:
(a) he didn't follow the victim;
(b) he only punched the victim once ; and
(c) he never kicked the victim.

If his legal representative can produce footage from the pub's CCTV system showing:
(a) the offender was already in the pub when his victim arrived ;
(b) the initial contact between the two people was when the victim accosted the offender ; and
(c) the attacker only threw one punch and then immediately left the pub ;
then there would probably be no need for the offender to give evidence himself.

[fruitsalad]

Thank you so much for clear explanations, so basically then its down to the Judge to decide who he believes the police or defendant, is that not a bit biased wont the judge always go on the side of the police?

[Buenchico]

A judge used to work as a barrister (and, if he's a 'recorder', may still do so).

Barristers who work in the criminal courts will come across many, many cases where police witnesses lie, suppress evidence or simply exaggerate. So judges most definitely DON'T automatically take the word of police witnesses as being the whole truth.

Despite the media's representations of our judges as being 'out of touch with the real world', they actually know a great deal about what really goes on in it!

[fruitsalad]

Could I also ask, will the defendant get his sentencing at the end of the hearing, or will that happen another day?

[EDDIE51]

^^ depends on the case. A serious case will defer the sentence for reports while a simple magistrates court case will deliver the sentence immediately.

[New Judge]

Unless, of course, they require a pre-sentence report.