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Form 1 Offences

Form 1 Procedure

If you have been charged with multiple criminal offences and are intending on entering a plea of guilty to those offences, you may try to negotiate with the prosecution to have some of those offences placed on a Form 1.

What is the Form 1 Procedure?

The Form 1 procedure is contained in ss. 31-35A of the Crimes (Sentencing Procedure) Act 1999 (NSW). The procedure allows for an offender to ask the Court to take into account the offences that have been placed on a Form 1 when sentencing an individual for the primary offence.

For example, Mr Smith has been charged with the following offences:

  1. Supply commercial quantity of a prohibited drug
  2. Deal with proceeds of crime
  3. Resist arrest

Mr Smith may, through charge negotiations, be able to enter a plea of guilty to the primary offence of supply commercial quantity of a prohibited drug and have the offences of deal with proceeds of crime and resist arrest placed on a Form 1.

In the above example, Mr Smith would be asking the Court, when sentencing him for the offence of supply commercial quantity of prohibited drug, to take into account the additional offences of deal with proceeds of crime and resist arrest.

Mr Smith would then only be sentenced for the offence of supply commercial quantity of a prohibited drug.

How do I have an offence placed on a Form 1?

Charges can only be placed on a Form 1 with your consent and with the consent of the Director of Public Prosecutions.

Is it in my interests to have an offence placed on a Form 1?

You should always seek advice from your lawyer if you are considering having offences places on a Form 1. Practically, in the above example, when the Judge sentences Mr Smith for the supply commercial quantity of a prohibited drug offence, there will be an increase in that sentence had there not been any Form 1 offences for the Judge to take into account.