Here’s a practical, jurisdiction‑neutral way to handle this in court. > Note: Procedure and wording vary by country and even by court. This is a **general template**. Always check your local criminal procedure rules, plea and sentencing practice directions, and any relevant “fast‑track” / “early guilty plea” policies. --- ## 1. Check the basics before you stand up Before asking for same‑day sentencing, quietly make sure: 1. **Your client is ready to plead** - They understand the charge, the elements, the evidence, and the consequences. - The plea is *voluntary, informed, and unequivocal*. 2. **The prosecution is ready** - Confirm with the prosecutor: - They are ready to proceed on the charge(s) in the form your client will plead to. - They have a **full set of agreed facts** or are willing to adopt your summary. - They can provide any required material (antecedents/priors, victim impact, restitution info, etc.). 3. **You are ready for sentence** - You have: - Instructions on plea & mitigation. - Any supporting documents (character references, medical/psych reports, proof of employment, rehab, restitution receipts). - A clear sentencing submission (starting point/benchmark, discount for plea, proposed sentence, any authorities if needed). 4. **Check if same‑day sentencing is even possible** - Some courts require: - A pre‑sentence report, or - Notice to the prosecution/victim, or - That serious matters be adjourned for a later sentencing hearing. - If any of these are mandatory, you may need to ask for **expedited** but not necessarily “same day” sentencing. --- ## 2. How to raise it with the court (structure) When the case is called, you’d typically: ### Step A: Announce representation and indicate the plea > “May it please the Court, [Your Name], counsel for [Defendant’s Name], who is present and before the Court. > My client wishes to be **re‑arraigned / re‑put to the charge** and to enter a **guilty plea**.” (The exact phrase—“re‑arraigned”, “re‑indicted”, “put to the charge”—depends on your system. Use the local term.) ### Step B: Ask explicitly for same‑day sentencing After the plea is taken and recorded as guilty: > “Your Honour, in light of the guilty plea, the defence **respectfully requests that the matter proceed directly to sentencing today**, if the Court is so minded. > The defence is fully prepared to proceed: we have [character references/medical report/etc.], and I am ready to make submissions in mitigation. > I have spoken with my learned friend for the prosecution, who is [content / has no objection] to sentencing proceeding today.” If the prosecutor hasn’t yet confirmed agreement, soften it: > “Subject to any submissions from my learned friend and the Court’s convenience, we would seek to proceed to sentencing today.” ### Step C: Deal with any concerns the judge raises Common judicial concerns and suggested responses: 1. **Need for pre‑sentence report** - Judge: “I think a pre‑sentence report is needed.” - You: > “As Your Honour pleases. If a report is required we would ask for the shortest possible date available. My client is in custody / has work commitments / is undergoing treatment, and would be grateful for an early sentencing date.” 2. **Need for victim input or restitution details** - You: > “Your Honour, there is no objection from the prosecution and restitution has been [paid / arranged / is not in issue]. If Your Honour requires further information from the [victim/prosecution], we would, of course, abide by any directions of the Court.” 3. **Court time constraints** - You: > “If the Court’s list does not permit sentence to conclude today, we would ask that it be listed at the earliest convenient date, noting my client’s wish to finalise matters as soon as possible.” --- ## 3. Structure of your sentencing presentation Once the judge agrees to proceed to sentence, you would typically: 1. **Confirm the factual basis** - If facts are agreed: > “Your Honour, the facts are as outlined by my learned friend and are accepted.” - If minor corrections: > “There are only minor clarifications: [briefly specify]. They do not affect the overall basis for sentence.” 2. **Antecedents / background** - Age, family, employment, education, mental/physical health, addiction issues, circumstances. 3. **The offence circumstances** - Accept responsibility; don’t re‑litigate guilt. Focus on context, not excuses. 4. **Mitigating factors** - Early guilty plea (and any policy/authority on credit or discount). - Remorse, cooperation, no (or limited) prior convictions. - Rehabilitation steps: counselling, treatment, restitution, community work. - Any special hardship (but don’t overplay). 5. **Proposed sentence** - Give the court something concrete: > “In those circumstances, Your Honour, we submit that an appropriate sentence would be [e.g., a term of X, suspended in whole/part; a community‑based order; a fine of $X payable by instalments], perhaps with [treatment/program conditions].” - If your jurisdiction expects authorities, cite one or two comparable cases (briefly). --- ## 4. Example of a concise full “script” You’d adapt this to your local style: > “May it please the Court, [Your Name] for [Defendant], who is present before the Court. > My client wishes to be re‑put to the charge in respect of [describe charge] and to enter a plea of **guilty**.” > > [Plea taken; recorded as guilty] > > “Your Honour, in light of that plea, the defence would **respectfully request that the matter proceed directly to sentencing today**, if the Court is minded. > We are fully prepared to proceed. I have conferred with my learned friend for the prosecution, who raises no objection. > I have [X character references / a report from Dr. Y / proof of restitution], and I’m ready to make submissions in mitigation.” > > [Judge: agrees to proceed to sentence] > > “The facts as outlined by my learned friend are accepted. > By way of mitigation, Your Honour, Mr/Ms [Defendant] is [age], currently [employment/family status]… [then go through antecedents, offence context, remorse, rehabilitation, and your proposed sentence]. > In those circumstances, we submit that a sentence of [proposed outcome] would be appropriate and within the usual range.” --- ## 5. Things to avoid - Don’t suggest same‑day sentence if: - You *need* reports or evidence you don’t yet have. - There are significant factual disputes about what happened. - The offence is so serious that your court’s practice clearly requires a fuller hearing. - Don’t blur guilt and mitigation: - Once pleading guilty, don’t try to re‑argue innocence through the back door. --- If you tell me your **jurisdiction (country, and if relevant, state/province)** and the **type/seriousness of the offence**, I can help you draft a more precise, locally‑appropriate form of words and checklist of what must be in place for same‑day sentencing.

**Outlining court options** I need to address the difference between Local Court and District Supreme but focus on Local Court since it's more common for same-day hearings. The user didn’t specify, and their mention of "running matter" suggests it’s already set for a hearing. I’ll include NSW-specific phrasing, like "if your Honour is with me." My goal is to be concise yet informative, providing bullet points, a short stepwise plan, and a template for oral submissions. I should also double-check practice notes or legislation references using web resources.In NSW, it’s quite common to deal with a plea and sentence the same day in the **Local Court**, provided the matter is suitable and everyone is ready. Below is a practical, NSW‑specific way to do it, with suggested wording. --- ## 1. Before you’re in front of the Magistrate / Judge ### (a) Check the matter is *suitable* for same‑day sentence Same‑day sentence is generally **ok** where: - It’s a **summary** or less serious **Table matter being dealt with summarily**; - Facts are straightforward and **not seriously in dispute**; - You **don’t need**: - A **Sentencing Assessment Report (SAR)** / pre‑sentence report; - A detailed **psych / medical report** you don’t yet have; - A contested **disputed facts hearing**. It’s generally **not appropriate** same day if: - There will be a **disputed facts hearing** under the *Criminal Procedure Act 1986 (NSW)*; - You realistically need a **report** (e.g. for ICO, CCO, supervision, mental health, cognitive impairment); - It’s a more serious matter in the **District Court** where practice is to adjourn for sentence. ### (b) Speak to the prosecutor first Outside court (or at the bar table before it’s called), you should: 1. **Confirm** they’re prepared to accept a **guilty plea today** to the charge(s) in the current form (or a negotiated set of charges). 2. **Confirm facts**: - There is a **Police Facts Sheet** (or agreed Crown facts) you can accept, or - Any amendments needed can be quickly made. 3. Confirm they have, or can quickly obtain: - **Criminal antecedents** (NSW Police CNI, interstate priors if relevant); - Any **victim impact statement** (if one exists and is to be relied on); - Any restitution/compensation figure, if that’s in issue. Also check if they **object** to sentence proceeding today. If they’re content, say so to the court—it helps. ### (c) Have your sentencing material ready For same‑day sentence, turn up with: - **Instructions** on: - The plea; - Client’s background; - What sentence/structure they can realistically comply with. - **Documents**: - Character references; - Proof of employment/study; - Medical / psych documents (if already obtained); - Proof of counselling/rehab, restitution, or program attendance. - **Plan**: - Your proposed sentence (e.g. fine, CRO, CCO, ICO, s 10(1)(a)/s 10(1)(b) [now CRO without conviction], etc. under the *Crimes (Sentencing Procedure) Act 1999 (NSW)*); - Any authority if the case is at the upper end. --- ## 2. What to say when the matter is called (Local Court NSW) Assume it’s a matter previously listed for **mention or hearing** (“running matter”) and your client has decided to plead. ### Step 1: Announce appearance and intention to plead guilty > “If it please Your Honour, I appear for **[Full Name]**, who is present before the Court. > This matter was listed today for **[mention / defended hearing / part‑heard hearing]**. > My client now seeks to be **re‑arraigned / put to the charge** and wishes to enter a **plea of guilty**.” The Magistrate will have the charge read and take the plea. ### Step 2: Ask expressly for same‑day sentence Once the plea is formally entered and recorded: > “Your Honour, in light of that plea, the defence would **respectfully request that the matter proceed to sentence today**, if the Court is minded. > I have spoken with my learned friend, and the **prosecution has no objection** to sentencing proceeding today. > We are **ready to proceed**: the facts can be taken from the **Police Facts Sheet** dated [date], which is acceptable to the defence, and I have [character references / reports / material] to hand.” If the prosecutor hasn’t yet indicated their position: > “Subject to any submission from my learned friend and the Court’s convenience, we would ask that sentence be dealt with today.” ### Step 3: Deal with any concerns from the Bench Common issues and how to respond: **(a) Need for a report / SAR** Magistrate: “I think a report is required before I sentence.” You: > “As Your Honour pleases. If Your Honour is against dealing with it today, we would ask that the matter be listed for sentence on the **earliest available date for a [SAR / psychological report / other]**. > My client is keen to finalise the matter and is willing to cooperate fully with Community Corrections / any assessor.” **(b) Time / list pressure** Magistrate: “I don’t have time to hear sentence on this today.” You: > “I understand, Your Honour. In that case we would ask that the matter be **stood over for sentence** on the earliest convenient date, noting my client’s wish to resolve the matter promptly.” If the court indicates it *can* proceed, you go straight into sentence. --- ## 3. How to present the sentencing once allowed to proceed A typical NSW Local Court sentencing structure: ### (1) Facts If you accept the facts: > “Your Honour, the **police facts as tendered are accepted** as the basis for sentence.” If minor corrections only: > “Your Honour, there are **two very minor clarifications** I seek to make, which do not affect the overall nature of the offending: > – [e.g. the amount was approximately $300 rather than $500; > – the incident occurred over a period of weeks, not months.] > Otherwise, the facts are accepted.” (If there’s a real factual dispute, you may need a **disputed facts hearing**, which usually means *no* same‑day sentence.) ### (2) Antecedents The prosecutor will usually read the criminal history or tender COPS/CNI. You can then say: > “I accept the **antecedents/record** as outlined.” ### (3) Mitigation and background You then make your submissions: - Age, family/responsibilities; - Work / study; - Health / mental health / substance use issues; - Steps towards rehabilitation; - Insight and remorse; - Any plea discount / utilitarian value of plea (especially if early in the proceedings, but even a “change of heart” before hearing still attracts some weight). Use NSW language: > “Your Honour, by way of **subjective case**, my client is [age] years of age. He/she has [family circumstances, employment, etc.]. > He/she has instructed me that [outline insight, remorse, counselling, rehab, restitution]. > > There is **utilitarian value** in the plea; while it was not entered at the earliest possible stage, it has avoided the need for a defended hearing today and saved court time and resources.” ### (4) Proposed sentence / structure Make a **concrete proposal**, linked to the *Crimes (Sentencing Procedure) Act 1999 (NSW)* framework: > “In all of the circumstances, Your Honour, we submit that an appropriate outcome would be a **[Conditional Release Order / Community Correction Order / fine / ICO / other]**. > > If Your Honour is with me that a conviction can be avoided, I submit that a **Conditional Release Order without conviction for [X] months** would be an appropriate way of dealing with the matter. > > If Your Honour considers that a conviction is unavoidable, my submission is that the matter can properly be dealt with by way of a **[CRO with conviction / CCO of X months with conditions of supervision and treatment / fine of $X with time to pay]**.” If you’re asking to avoid conviction (s 10 / CRO without conviction): > “I rely on Your Honour’s discretion under **s 10(1)(b)** of the *Crimes (Sentencing Procedure) Act*, now reflected in **Conditional Release Orders without conviction**. > Given my client’s [age, limited record, prospects of rehabilitation, impact of conviction], I submit this is one of the comparatively rare cases where the Court can exercise that discretion.” (Adjust to the specific order you’re realistically seeking.) --- ## 4. Example: Short, realistic NSW Local Court “script” Putting it together: > “If it please Your Honour, I appear for **[Name]**, who is present before the Court. > This matter was listed today for **defended hearing**. My client now wishes to be **re‑arraigned and to plead guilty** to the charge as it stands.” > > *[Plea is taken: “How do you plead?” – “Guilty” – plea recorded.]* > > “Your Honour, in light of that plea, the defence **respectfully asks that the matter proceed to sentence today**, if the Court is minded. > I have spoken with my learned friend; the **prosecution has no objection**. > The **Police Facts Sheet** dated [date] is acceptable to the defence as the basis for sentence. > I have [three character references, proof of employment, and a letter from his/her counsellor] which I seek to tender, and I’m otherwise ready to make submissions.” > > *[Magistrate agrees to sentence now; prosecutor tenders facts and antecedents.]* > > “Your Honour, I accept the facts as read and the antecedents as tendered. > > By way of **subjective case**, my client is [age], currently [employment/family details]… [brief mitigation]. > > There is **utilitarian value** in the plea entered today: the matter was listed for hearing, but the plea has saved court time and spared the witnesses from giving evidence. > > In those circumstances, I submit that the matter can appropriately be dealt with by way of a **[proposed order]**, and that a more severe penalty is not required.” --- ## 5. Practical tips specific to NSW - **Local Court Practice Notes (Criminal)** support efficient finalisation; Magistrates are generally *willing* to sentence same day if: - Facts are straightforward; - No report is essential; - Both sides are ready. - If there’s any prospect of an **ICO or supervised CCO**, consider whether you **need** a Community Corrections assessment/SAR—if yes, you’ll typically need an adjournment. - In the **District Court**, same‑day sentence after plea is much less common; usually the matter is adjourned for a **sentence hearing** with a brief of evidence, agreed facts, reports and submissions listed on a later date. --- If you tell me whether you’re dealing with a **Local Court defended hearing**, a **District Court trial listed**, or something else (e.g. sentence appeal), I can give you a very tight script tailored to that exact situation and offence type.