Your submissions framework
What to say when you stand in front of the Judge: a structure built on the four matters the court must consider, with the words for each part and the questions to expect.
Submissions are the three to five minutes you speak after your plea and before sentence. Organise them under the four things the court must consider before withholding a conviction: your character, the seriousness of the offence, the circumstances, and any other matter. End with what you are asking for and a fallback. Prepare dot points, not a speech.
- Write your submissions on one page under the four headings and the askSection 3 of this guide
- Read them aloud with a timer; over five minutes, cutSection 5 of this guide
- Have someone interrupt you with the questions in section 4Section 4 of this guide
If your realistic target is a community correction order rather than no conviction, the submissions are about conditions and suitability, not the s 10(3) matters. That is a different hearing and needs advice.
| Length | Three to five minutes |
| Form | Numbered dot points on one page |
| Structure | The four s 10(3) matters, then the ask, then a fallback |
| Tender first | References, letter, program evidence, via the court officer |
| Close | Those are my submissions, Your Honour |
1What submissions are
Start here
The Judge will have read your letter and references. Submissions are the spoken layer on top: the points you want the court to hear from you, in order, briefly. A script reads like a script and a Judge who interrupts with a question, which they will, derails it. Dot points let you answer and return to where you were.
2Preparation
Six steps
| Step | |
|---|---|
| 1 | Read the framework below once without filling anything in |
| 2 | Fill every bracket with your specific details |
| 3 | Read it aloud and change anything that does not sound like you |
| 4 | Practise it standing up, to another person, at least twice |
| 5 | Time it. Three to five minutes |
| 6 | Reduce it to numbered dot points on a single page for the day |
3The framework
The words
Opening. "Good morning, Your Honour. My name is [full name]. I am representing myself. I have pleaded guilty to [charge]. I have some documents I would like to tender: [three references, a letter from me to the court, and a letter from [program]]." [Hand them to the court officer. Wait while the Judge reads.]
Framework. "Your Honour, I would like to address the four matters under section 10(3), briefly, and then say what I am asking for."
1. Character. "I am [age]. I work as [role] at [employer] and have done for [time]. I have [no criminal record / one prior matter in (year), which is unrelated]. The references are from [who], [who] and [who]. [One sentence on the strongest thing each says.]"
2. Seriousness. "The offence involved [brief, consistent with the facts]. I accept it is an offence. I say it sits at the lower end of seriousness for this type of offence because [reason]."
3. Circumstances. "At the time [context, one or two sentences]. That is not an excuse. I mention it because it has ended, and because it is why I did [program]."
4. Other matters. "I pleaded guilty at the first opportunity and I cooperated with police. I enrolled in [program] on [date], before my first court date, and have completed [X] sessions. A conviction would [specific consequence], which I set out in my letter."
The ask. "Your Honour, I ask the court to deal with the matter without recording a conviction, under section 10, and I would accept any conditions the court thinks appropriate. If the court is against me on that, I ask that [any fine take into account my income / the disqualification be the minimum]."
Close. "Those are my submissions, Your Honour."
The fallback in the ask matters. If the Judge has decided on a conviction, you want the next-best result already on the table.
Legal basis: Crimes (Sentencing Procedure) Act 1999 (NSW) s 10(3). This is a summary for general understanding. The full provision is more detailed and may not apply in all circumstances.
4Questions the Judge may ask
Responding
| Question | How to answer |
|---|---|
| Why did you do it? | Honestly, in one or two sentences. Do not minimise, do not deflect |
| How often, how much? | Accurately. The Judge has heard every number |
| What did you learn from the program? | One specific thing you actually learned, not the program's language |
| Why should I not record a conviction? | The specific consequence, and the specific steps, not "I've learned my lesson" |
| Are you still using / drinking / driving? | The truth. A lie caught at the bar table decides the insight question |
| Do you understand the seriousness? | Yes, and say why it is serious in your own words |
If you do not understand a question: "I'm sorry, Your Honour, could you repeat the question? I want to make sure I understand what you are asking." If the prosecutor says something you disagree with, wait until the Judge looks at you: "Your Honour, may I respond to that?"
5Rehearsal
Practice
Say your submissions out loud, standing, to another person, twice. Have them interrupt with the questions above. The aim is to know the material, not to memorise it.
If the ask has to be more than section 10
Where the realistic target is a community correction order or an intensive correction order, the submissions are about conditions, supervision and the suitability assessment. A consultation with the lawyers who built Standard before that hearing is the right step.
Request a consultationGeneral information only, not legal advice. NSW-specific. Every matter turns on its own facts and laws can change. Reading this guide does not create a solicitor-client relationship between you and the lawyers who produced it.