What is the EAGP?

The EAGP Scheme is a criminal justice initiative in NSW designed to streamline the legal process for serious criminal cases. Under this scheme, defendants are encouraged to enter a guilty plea at an earlier stage.

 

What is the EAGP process?

1) Brief of Evidence

The defence receives the Brief of Evidence (a collection of all the documents and evidence that the prosecution intends to use against the defendant in court), giving them the opportunity to review the case before deciding how to proceed. This is crucial because it allows the defence to:

• Assess the strength of the prosecution’s case.
• Identify any weaknesses in the evidence.
• Prepare a defence strategy or consider an early guilty plea.

 

2) Charge Certification

The prosecution must formally certify the charges that will proceed to trial or sentencing. This stage is a chance for the prosecution to consider the case and decide what charges are appropriate.

The prosecution may choose to lay additional charges, withdraw charges, or proceed with the original charge/s.

 

3) Case Conference

The prosecution and defence meet for a formal conference. They discuss the evidence and an appropriate plea.

This is a chance for both sides to assess the case, talk about plea deals, and figure out whether the defendant will plead guilty early or contest the charges.

The defence can raise any concerns with the evidence and suggest a plea to a lesser charge if appropriate.

 

4) Committal

After the case conference, the defence must state how to defendant will plead.

If an early guilty plea is entered, the defendant becomes eligible for sentence reductions (see next slide) and the committal stage is bypassed, leading directly to sentencing. If a guilty plea is not entered, the case moves forward to trial.

 

Sentencing Discounts

• Before committal in the Local Court: 25% discount
• Up to 14 days before the first day of trial in the District or Supreme Court: 25% discount
• In any other circumstances: 5% discount

*Note: Judges retain the discretion to provide no sentencing discount (or a lesser discount) in cases of extreme culpability.

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