It is important for a defendant to get legal advice prior to their first court date, if possible, as sentencing reductions may apply depending at what point in the proceedings a guilty plea is entered (if one is entered at all). There are some penalties or sentences that can never be reduced [see Sentencing Act 2017 (SA) s 36]. For example, in the summary offences jurisdiction, prescribed fine amounts for drink driving offences cannot be reduced below the mandatory minimum.

Magistrates Court (for summary offences, or minor indictable offences tried and heard as summary matters)

If a defendant enters a guilty plea within 4 weeks of his or her first court appearance, then the court may reduce the sentence that would otherwise have been imposed by up to 40 per cent.

The closer the matter gets to trial, the less the court may reduce the sentence [see Sentencing Act 2017 (SA) s 39].

Higher Courts

If a defendant enters a guilty plea within 4 weeks of his or her first court appearance, then the court may reduce the sentence that would otherwise have been imposed by up to 35 per cent (up to 25 per cent for a serious indictable offence) [see Sentencing Act 2017 (SA) s 40].

The closer the matter gets to trial, the less the court may reduce the sentence.