Representations to Police

For many people facing criminal charges in NSW, the advice often seems simple: "Just plead guilty and get it over with." While it is true that the majority of criminal matters resolve with a plea of guilty, the process of getting there is not always straightforward.

One of the most overlooked yet dangerous aspects of a criminal case is the Police Facts Sheet. If you plead guilty without correcting the Facts Sheet, you are admitting to the police’s version of the story, and the Court makes a finding of fact as per the Facts Sheet. This can have devastating consequences for your sentence and other areas of your life, including Family Law matters.

What are Representations?

Before we advise a client to enter a plea, we often engage in a process known as "making representations." This involves drafting a formal, legal submission to the Police Area Commander or the Director of Public Prosecutions (DPP).

A Letter of Representations (commonly referred to as "Reps") is a written submission to the prosecution highlighting evidentiary gaps, legal inconsistencies, and factual errors in the police case. The goal is to negotiate the charges down or, crucially, to amend the Facts Sheet to reflect what actually happened, rather than what the police suspect happened.

The Facts Sheet Determines Your Sentence

When you plead guilty, the Magistrate or Judge does not hear you or the witnesses give evidence. Instead, they read the Police Facts Sheet to determine the "objective seriousness" of your offence.

If the Facts Sheet says you punched a victim "unprovoked" and "repeatedly," the Judge must sentence you for a repeated, unprovoked attack. If the reality was that there was a single strike committed in excessive self-defence, or after significant provocation, the Facts Sheet must be changed to reflect that before you plead.

Failing to fix these details can mean the difference between a section 10 dismissal (no conviction recorded) and a criminal conviction or even imprisonment.

The Hidden Trap: When Criminal Law Meets Family Law

One of the most strategic reasons to amend a Facts Sheet involves clients who are also navigating a separation or divorce. It is increasingly common for complainants to use the criminal justice system to gain leverage in Family Law proceedings. We frequently see Police Facts Sheets that are drafted based solely on the complainant's version of events, which may be tailored to benefit their financial or parenting case.

Often, we encounter a Facts Sheet containing an incorrect description of the relationship between the alleged victim and the accused. A complainant might tell police that they were in a "casual relationship" or a "short dating relationship" with the accused, when this is plainly untrue.. If you plead guilty to a domestic violence charge with these facts attached, you have arguably made a formal admission that the relationship was casual.

Why does this matter? In the Family Court, if you are trying to prove a de facto relationship existed for many years to claim a property division, that Police Facts Sheet can be used against you as evidence that no such relationship existed. You could effectively be signing away your rights to a property settlement in a criminal courtroom without realising it.

How We Protect You

At Surge Legal, we review the Facts Sheet line-by-line. We look for subtle language that aggravates the offence or prejudices your other legal rights.

We routinely negotiate to:

• Correct Relationship Definitions: Ensuring a long-term de facto relationship is accurately described, preventing future Family Law disadvantages.

• Remove "Aggravating" Language: Deleting words like "unprovoked," "vicious," or "sustained" if they are not supported by the evidence.

• Clarify Injuries: Ensuring the description of injuries matches the medical reports, rather than exaggerated claims.

The Strategy: Negotiate First, Plead Later

We ensure that the desired changes are made to the Facts Sheet first. Only once the police prosecutor has agreed to amend the facts (often crossing out rejected paragraphs in black ink) do we proceed to the plea.

This attention to detail ensures that when you stand before the Judge, you are being sentenced for what you actually did—not a distorted version of events that could haunt you for years to come.

Need expert advice? If you have been charged with an offence, do not agree to the police facts until you have spoken to us. Contact Surge Legal today on (02) 8551 7851 to discuss how a properly drafted Letter of Representation can change the outcome of your case.