What is the difference between pleading guilty and being convicted

Can I change my plea from not guilty to guilty? Can I change my plea from guilty to not guilty? Can I appeal against conviction if I have pleaded guilty? What happens if I tell my lawyer I am guilty? What is unfitness to plead? In most circumstances where you plead guilty, the court will award a discount on sentence to reflect the fact that there has been no need for a trial and time and expense have been saved and, in particular, victims of crime and witnesses have been spared the trouble and anxiety of having to give evidence.

It is for these reasons that the earlier the guilty plea, the more credit the court will award. For more information, go to reduction in sentence credit for a guilty plea below. On this page you can read about what it means to plead guilty, how and when to enter a guilty plea, how reductions in sentence are awarded and why, how to ask for an advance indication of sentence , how to plead guilty on a particular factual basis, how to change a plea from not guilty to guilty and from guilty to not guilty , whether you can appeal against conviction following a guilty plea, what is involved in plea bargaining, what it means to inform your legal representative that you are guilty, when will sentencing take place following a guilty plea, and what it means to be unfit to plead i.

You can only be convicted of an offence in one of two ways: first, by pleading guilty; or second, by being found guilty following a trial. Pleading guilty to an offence means that you accept you have committed that offence. Once you plead guilty you are convicted of the offence. For this reason, following a guilty plea there is no need for a trial and the court will proceed to sentence, either immediately or at a later hearing. You should not plead guilty unless you know precisely what it is you are pleading guilty to.

Some offences are technical in nature and it is important to receive legal advice before making that decision. Similarly, you may think you are guilty, when actually you have a defence available to the charge, such as self-defence. If you do not accept that you are guilty of the offence, then you should plead not guilty. This means that your case will then go to trial where the prosecution will seek to a prove that you are guilty. Sometimes you may accept that you are guilty of an offence, but not accept the facts of the offence as put forward by the prosecution.

When this happens you can plead guilty on a particular factual basis. For more on this go to the section on Basis of Plea below. If your case is one which can only be dealt with in the Crown Court an indictable-only offence , a guilty plea can only be entered at the Crown Court. This would mean that your case would then be listed for a guilty plea and possibly also for sentence at the next hearing in the Crown Court.

This means that you will be asked if you intend to plead guilty or not guilty. Go to Which court will I go to? The guilty plea must be clear and unambiguous. The guilty plea must be voluntary. Go to Can I change my plea from guilty to not guilty below for more information on this. If a defendant refuses to answer guilty or not guilty to the charge, then the plea or indication of plea will be recorded as not guilty.

If a defendant lacks the mental capacity to plead guilty or not guilty, a special procedure exists. Go to the section on Unfitness to Plead for more information. A legal representative cannot plead guilty on behalf of a client, except where the defendant is a company. Pleading guilty by post is available for certain minor offences, such as speeding. However, if the prosecution are unprepared and have not provided the evidence you or your legal advisers genuinely require at the first hearing to enable you to make an informed decision on your plea, it can be argued that this was not the first available opportunity for you to enter a plea.

For this reason, you could still receive full credit for a guilty plea entered at the first opportunity after the evidence was provided. It can also be argued that full credit should be given where, after the first appearance, the prosecution amend the charge to one which the defendant could not previously have pleaded guilty or indicated a plea of guilty to.

After pleading guilty, there is no need for a trial and the next stage is sentencing. Sometimes sentencing will take place immediately and sometimes the case will be adjourned put back for sentencing on a later occasion. Whether or not you are sentenced immediately depends on whether the court has all the information it needs to sentence you. Obtaining a pre-sentence report will usually require an adjournment; this can either be a short adjournment until later the same day for a short report, or a longer adjournment for a more in-depth pre-sentence report.

You can read more about pre-sentence reports in What will happen at my sentencing hearing? For cases are in the lower category of seriousness, the sentence will often be imposed immediately e. In cases where a report from a psychiatrist or psychologist is required to assist the sentencing court, this is another reason why the case could be adjourned for sentence at a later date.

In this situation either the sentence will be put back until later that same day or a date will be fixed for sentence and, in the meantime, the defendant will either be remanded on bail with or without conditions or in custody;. Go to Sentencing for more information. After this first stage of the proceedings the amount of credit you will receive for a guilty plea reduces on a sliding scale all the way to trial. Pleading guilty during the trial itself may attract some credit but not necessarily.

For example, a guilty plea entered after the victim of the offence has given evidence is unlikely to attract any credit at all. It is worth bearing in mind that in some cases, a recorded cross-examination may take place before the actual trial is heard in court. In these cases, the trial will be considered to have started when the recorded cross-examination takes place. In appropriate cases, an early guilty plea can make the difference between an immediate custodial sentence on the one hand and, on the other, a suspended sentence or community order.

An early guilty plea could also make the difference between a community order or a fine being imposed. For some offences, known as either-way offences, which can be heard at either the magistrates' court or the Crown Court, an early guilty plea could make the difference between the case remaining with the magistrates which has limited sentencing powers or the case going to the Crown Court where the sentencing powers are considerably greater.

In some circumstances credit for a guilty plea will be limited. These include where mandatory minimum term sentences apply and also in life sentence murder cases. Also, where a defendant pleads guilty but does not accept the prosecution version of events, this can result in a 'Newton Hearing' where the court decides whether to sentence on the prosecution or defence version.

A defendant who is unsuccessful at such a hearing is likely to lose some of the credit that would otherwise be available. Go to the section on Newton Hearings for more information. The requirement to award a reduction in sentence for a guilty plea is contained in s. The Sentencing Act is also known as the Sentencing Code. The requirement to take into account a guilty plea in arriving at the correct sentence is written into the sentencing guidelines for individual offences.

You can read more about Reduction in sentence for a guilty plea on the Sentencing Council website. Where a defendant assists the prosecution, they may be entitled to a reduction in sentence in addition to any reduction awarded for a plea of guilty. The requirement to take into account assisting the prosecution in arriving at the correct sentence is written into the sentencing guidelines for individual offences. There are three approaches to having assistance taken into account when being sentenced:.

The judge can take this into account and award a reduction in line with the level of assistance, the risk to the informer and the impact of the information provided. The judge would not refer to this assistance in open court to prevent potential reprisals against the defendant. The second is when, even where there is no text provided, the judge takes into account any help given by a defendant to the prosecution. The third approach is a statutory scheme under s.

This amounts to a formal agreement between the defendant and the prosecution and includes the following features:. The scheme applies only to defendants who have pleaded guilty and are being sentenced in the Crown Court;.

The defendant must have entered into an agreement with a prosecutor and assisted or offered to assist with information concerning the offence they are involved with, or any other offence. The sentencing judge may take into account the extent and nature of the assistance given or offered in deciding on the sentence reduction.

There is no maximum or minimum limit on the reduction, such as applies with credit for a guilty plea;. The judge need not disclose in open court that the sentence has been discounted or the extent of the discount where it would not be in the public interest to do so e. A sentence can be reviewed where a discount was awarded at sentence but the defendant did not provide the level of assistance agreed upon s. Then, the defendant will be sentenced, either at the same time which is typical in some less serious cases or at a later sentencing hearing.

For more information on plea deals in a criminal case, see our section on Plea Bargains. In-custody defendants may be brought to court soon after the agreement is reached for a special hearing in which the judge takes the plea.

Otherwise, the taking of the plea and sometimes sentencing will occur at the next scheduled hearing. Depending on when the deal is struck, the next scheduled appearance may be the arraignment, preliminary hearing, or trial. As a practical matter, many judges go along with plea bargains as long as the agreed-upon sentences are within the range of what they consider fair. Usually this means determining whether, given the seriousness of the crime and the defendant's criminal record, the sentence seems appropriate in light of other sentences the judge has handed down.

There are some other variables that may come into play, however. Particular judges might rightly or wrongly take into their calculation whether they remember the defendant from a previous appearance in their courtroom and how they and members of the community feel especially if the judge is up for reelection about the crimes in question.

Sometimes, even such whimsy as whether the judge woke up in a good mood or had a rough morning can also have an impact on decisions made that day. Even if the deal seems fair, judges typically engage defendants in a courtroom "colloquy," or verbal exchange, to make sure that defendants have committed the offenses to which they are pleading guilty.

In federal courts, defendants who want to plead guilty or nolo contendere must testify under oath to facts establishing their guilt. Moreover, before accepting guilty pleas, judges have to be sure that defendants are aware of the rights they are giving up by pleading guilty. For a "knowing and intelligent" guilty plea to be made, defendants have to:. Defendants should also know that, if they are not U.

Defendants are competent to waive counsel and plead guilty as long as they are capable of understanding the proceedings Godinez v. Moran , U. The report provides information about your situation that helps the judge decide your sentence. For Indigenous offenders, special sentencing reports, called Gladue reports, may be prepared.

The Gladue court case clarified the duty of sentencing judges to consider background and cultural factors in sentencing Indigenous offenders. This means the court must take into account all available sanctions other than imprisonment that are reasonable in the circumstances of Indigenous offenders. All Indigenous people have the right to request a Gladue report at the sentencing stage. If you have been convicted of a crime and have not received a discharge you will have a criminal record.

If you been convicted but have received a discharge, you will not have a criminal record. Visit Your Criminal Record to learn more. Check our alphabetical list of criminal justice terms along with their definitions. Comments will be sent to 'servicebc gov.

Enter your email address if you would like a reply:. The information on this form is collected under the authority of Sections 26 c and 27 1 c of the Freedom of Information and Protection of Privacy Act to help us assess and respond to your enquiry.

Questions about the collection of information can be directed to the Manager of Corporate Web , Government Digital Experience Division.

I consent. Skip to main content Skip to main navigation Skip to side navigation Accessibility Statement. When you are in the criminal justice system, having an experienced attorney to counsel you is a must as you decide how you want to deal with the charges. Call Now. Free Consultation. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. However, you may visit "Cookie Settings" to provide a controlled consent.

Cookie Settings Accept All. Manage consent. Close Privacy Overview This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website.

We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience. Necessary Necessary. Necessary cookies are absolutely essential for the website to function properly.

These cookies ensure basic functionalities and security features of the website, anonymously. The cookie is used to store the user consent for the cookies in the category "Analytics". The cookies is used to store the user consent for the cookies in the category "Necessary". The cookie is used to store the user consent for the cookies in the category "Other.

The cookie is used to store the user consent for the cookies in the category "Performance". It does not store any personal data.