We’ll review the evidence, draft a clear factual basis that reflects your position and negotiate with the prosecution where possible. If the facts are disputed and it affects sentence, we’ll advise on the next step and represent you in court.
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If you accept the offence but disagree with parts of the prosecution version, a basis of plea can protect you from being sentenced on facts that aren’t true.
Basis of Plea
Agreeing the Facts To Avoid an Unfair Sentence
If you intend to plead guilty but dispute part of the prosecution’s account, a basis of plea may be required. This is a formal written document defining the factual basis on which you accept the offence.
Courts sentence on facts. If those facts are wrong or exaggerated, the sentence can be harsher than it should be. A properly drafted basis of plea prevents you from being sentenced on allegations you do not accept.
If the prosecution rejects your account, the court may hold a Newton Hearing to determine the disputed facts before sentencing.
When a Basis of Plea is Needed
A basis of plea commonly arises where:
- You accept speeding but dispute the alleged speed
- You accept careless driving but deny dangerous driving
- You accept not being in proper control but deny mobile phone use
- You accept failing to provide a specimen but deny deliberate refusal
In each situation, the factual distinction can significantly affect sentence under the motoring offence sentencing guidelines.
Jack Cooper is a specialist motoring law solicitor with extensive experience representing drivers across England and Wales.
He has defended drivers in every type of motoring offence, including drink and drug driving, speeding, dangerous driving and failing to provide a specimen.
Jack is an experienced court advocate, regularly appearing in the Magistrates’ Courts and preparing complex cases for trial.
John Fairhurst is an experienced motoring law solicitor who has represented hundreds of motorists facing prosecution across England and Wales. He has handled cases from police-station interviews through to trial, working closely with barristers and expert witnesses to develop strong legal strategies.
John also undertakes advocacy in the Magistrates’ Court and is known for his calm, practical approach and clear communication with clients.
How We Prepare
Basis of plea arguments require precision. Poor drafting can be rejected or undermine your credibility.
Our solicitors will:
- Analyse the prosecution evidence and sentencing position
- Identify which facts are accepted and which are disputed
- Draft a structured, legally sound basis of plea
- Negotiate with the prosecution where appropriate
- Represent you at sentencing or at a Newton Hearing
- Protect you from being sentenced on incorrect or exaggerated facts
Our advice is evidence-led and realistic.
What If they Disagree?
If the prosecution does not accept your basis of plea, the court may list the case for a Newton Hearing.
A Newton Hearing is a contested sentencing hearing where the court decides which version of events is correct. Evidence may be called. You may be required to give sworn evidence and be cross-examined.
The prosecution must prove the disputed facts beyond reasonable doubt. If they fail to do so, the court must sentence you on the basis of your account.
Newton Hearings carry risk and require careful preparation. We assess whether pursuing one is in your interests before proceeding.
Why Accuracy Matters
The factual basis of your plea can affect:
- Whether a driving disqualification is imposed
- The length of any ban
- The number of penalty points
- The level of fine
- The risk of custody in serious cases
An overly broad admission can narrow your options. A properly framed basis can materially alter the outcome.
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Speak to a Motoring Offence Solicitor Before Pleading
You should not draft or agree a basis of plea without legal advice. Once accepted, it defines the facts the court will rely on. We can help you avoid common mistakes.
Call us on 01942 364493 for free initial advice or use our contact form and we’ll call you back.
