If you’ve been charged with a serious offence in NSW, the Early Appropriate Guilty Pleas (EAGP) scheme could reduce your sentence by up to 25%.
However, timing your plea correctly and complying with strict procedural rules is crucial. In this article, we explore how the scheme works, how to avoid common pitfalls, and how to make informed decisions to secure the best possible outcome.
What Is the Early Appropriate Guilty Pleas Scheme?
The Early Appropriate Guilty Plea (EAGP) scheme is a formal legal process introduced in NSW in April 2018. It applies to all strictly indictable offences and cases where the prosecution elects to deal with the matter in a higher court (District or Supreme Court).
Its purpose is to encourage the early resolution of criminal matters by offering sentence discounts for timely guilty pleas. This not only improves court efficiency by reducing lengthy delays, but also lessens the emotional and financial burden on victims, witnesses, and defendants—while clearly benefiting those who cooperate early in the process.
Sentence Discounts Under the EAGP Scheme
The EAGP framework outlines three levels of sentence discounts, based on how early you plead guilty:
| Timing of Guilty Plea | Available Discount |
| In the Local Court before committal | 25% |
| In the higher court at least 14 days before trial | 10% |
| Less than 14 days before trial or during the trial | 5% |
Why Timing Is Everything
The key to benefiting from EAGP is understanding when and how to plead. Entering a plea too late—or failing to meet procedural requirements—can drastically reduce the available discount. The sooner you make an informed decision with your lawyer, the better your position will be.
How the EAGP Scheme Works: The Four-Stage Process
The EAGP scheme follows a clear four-step process. Each stage includes strict timeframes and legal obligations that you and your legal team must follow to preserve your rights and sentence discount.
1. Brief of Evidence Service
After you’re charged, the matter begins in the Local Court. At the first court appearance, also known as a mention, the magistrate orders police to serve a brief of evidence within eight weeks.
This brief includes the prosecution’s key materials—witness statements, forensic results, and other evidence. Unlike the old system, the brief doesn’t need to meet full admissibility standards, which means it may include things like preliminary drug tests rather than a drug analysis certificate.
2. Charge Certification
At the end of the initial 8 weeks, the defence and prosecution inform the court whether the brief has been fully served. If it’s incomplete, the court may allow extra time.
Once the brief is complete, the matter is usually adjourned for another 8 weeks to allow the Office of the Director of Public Prosecutions (ODPP) to review the evidence and certify the charges. A senior prosecutor examines the brief and files a Charge Certificate confirming which charges will proceed.
This process ensures the charges are evidence-based. The prosecutor may amend, add, or drop charges as needed. The Charge Certificate defines the case moving forward and sets the scope for any future trial in the District or Supreme Court.
3. Case Conference
After charge certification, the court orders a case conference—a required meeting between your defence lawyer and the prosecutor. This must occur within eight weeks.
You won’t attend this meeting yourself, but your lawyer will keep you informed and must be able to contact you throughout. This stage is crucial. It’s where negotiations occur, issues are narrowed, and potential plea offers are discussed.
At the end, a Case Conference Certificate is prepared and filed. This confidential document shows what was offered or agreed upon during the conference. Courts refer to this when considering your plea and sentence discount later.
4. Committal Hearing and Plea Entry
At your final Local Court appearance, you’ll enter a formal plea based on the case conference outcome.
- Guilty plea: Your case is transferred to the District or Supreme Court for sentencing.
- Not guilty: Your matter proceeds to a trial.
This is also your last chance to access the full 25% sentence discount, so the timing of your plea here is pivotal.
Strategic Benefits – and Legal Traps to Avoid
While the scheme encourages efficiency, it also introduces potential risks if mishandled.
Strategic Benefits
- Charge certainty: Helps your defence understand the charges and evidence early.
- Better outcomes: May lead to more realistic charges and fewer trial risks.
- Reduced sentencing: Early pleas translate into shorter custodial sentences or alternatives to prison in some cases.
Common Pitfalls That Can Reduce Your Discount
- Disputing facts unsuccessfully: Arguing against aspects of the offence at sentencing can wipe out any discount, even if you pleaded guilty.
- Exceptional cases: In highly serious matters (e.g., extreme violence), courts can choose not to apply a discount at all.
- Late compliance: Missing deadlines for things like the Case Conference Certificate can eliminate your discount entirely.
- Tactical plea offers: Making a plea offer without genuine intent to follow through could violate ethical rules and damage your case.
The Role of Your Lawyer in EAGP Cases
The EAGP scheme places heavy responsibility on your legal representative. Your lawyer must:
- Explain the effect of the scheme to you in detail.
- Outline your options and associated penalties.
- Provide you with guidance on how plea timing affects the sentence discount.
- Confirm with the court that you received this advice.
Because of these strict procedural and ethical requirements, it’s vital that you’re represented by an experienced Criminal Defence Lawyer familiar with EAGP cases, such as one of ours at Hannay Criminal Defence. A misstep at any point can cost you the full benefit of the scheme.
How EAGP Changes Traditional Case Strategy
In the past, criminal defence strategies often involved delaying proceedings until more evidence became available or the prosecution weakened. The EAGP scheme has changed that.
Now, early case analysis and timely decision-making are more important than ever. Your lawyer needs to assess the brief, identify weaknesses in the prosecution’s case, and help you decide whether entering a guilty plea early is in your best interests—all within very tight deadlines.
This shift requires both experience and judgment. Sometimes decisions must be made before the full picture is clear. That’s why you need expert Criminal Defence Lawyers guiding you through the process.
Recent Trends: Is the Scheme Working?
NSW courts have seen changes since EAGP was introduced:
- Increased Local Court resolutions, meaning more matters resolve early without proceeding to trial.
- Reduced trial listings, easing pressure on the justice system.
- Faster resolutions, giving victims and defendants closure sooner.
These positive results show that the scheme is achieving its intended goals. It has also prompted interest from other Australian states considering similar reforms.
In Summary: Your Next Steps Can Shape Your Outcome
The EAGP scheme is a powerful opportunity—but only if used wisely. Pleading guilty at the right time can dramatically reduce your sentence, while delays or procedural missteps can result in missed benefits. Early legal advice, careful planning, and strict compliance are essential for success under this framework.
How Our Criminal Defence Lawyers Can Help
Our experienced Criminal Defence Lawyers help you understand your rights and every option available under the Early Appropriate Guilty Pleas (EAGP) process. From day one, we assess your case, explain the possible outcomes, and guide you toward the path that offers the best result in your circumstances.
Whether you’re facing serious charges or simply seeking clarity about how EAGP applies to you, our Criminal Lawyers Sydney are here to support you and work towards the strongest possible outcome. Contact us now for expert, strategic advice. Contact us now for expert, strategic advice.
