A Newton hearing is a judicial process in British law where a judge acts as a jury to determine a conviction when a defendant pleads guilty but disputes the evidence. It originated from the 1982 case R v Newton, where a special hearing was arranged to determine the conviction of a defendant charged with “sodomy” with an adult woman. The hearing takes place after a defendant pleads guilty, and both sides have an opportunity to provide evidence. The defense’s case must clearly contradict the prosecution’s argument factually.
A Newton hearing is an unusual form of judicial process found in British law. Taking both its name and precedent from a landmark 1982 case, R v Newton, a Newton hearing is sometimes requested or given in cases where the defendant pleads guilty but disputes the evidence of the crime. If the defense wants to be convicted on a factual basis that differs significantly from what the prosecution claims, a judge may request a Newton hearing.
The case that gave rise to this practice, R v Newton, involved a peculiar he-said, she-said trial for a sexual act that would soon be decriminalized in most of the world. Mr. Newton, the defendant, was charged with “sodomy,” also called buggery, with an adult woman. Newton claimed he was guilty of the act but insisted it was consensual between the partners. Because the issue of consent could greatly influence the conviction, the judge arranged for a special hearing where only the judge, and not a jury, would try to reconcile the facts to determine the conviction.
There are several rules of procedure that guide a Newton hearing. First, the hearing almost always takes place after a defendant has pleaded guilty. If a defendant pleads not guilty, the trial will proceed as normal and the defendant’s attorney can defend the facts. The judge must also determine that the contestation of the facts is significant enough to have an impact on the sentence.
Once Newton’s hearing is convened, both sides have an opportunity to provide evidence. The trial proceeds as a normal trial would, with the big exception that the judge serves as the jury for the trial. If there is no specific evidence to present, one or both parties may waive the right to show evidence and instead present a statement or argument outlining the case. The judge will review all evidence and statements before making a sentencing decision.
Another criterion for calling a Newton hearing is how well the defense’s case contradicts the evidence. The claim cannot simply serve to reduce the charges, such as insisting that a murder was in fact a case of manslaughter. While the defense can argue such a case, it is normally done in a regular trial following a “not guilty” plea. Instead, a defense leading to a Newton trial must clearly contradict the prosecution’s argument factually.
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