Police Facts Sheet
The Police Facts SPis a document that tells the version of events according to the police. It is usually attached to the Court Attendance Notice (CAN).
The police write the facts sheet based on what they saw and heard and what the victim or witnesses say they saw and heard.
If you plead guilty, the police prosecutor will hand up (give to) the magistrate the facts sheet. The magistrate will read it before deciding what sentence to give you.
It is important that you read the facts sheet carefully before you enter a plea of guilty. As you read it, you should think about whether the facts sheet:
- accurately describes what happened
- has irrelevant information
- is missing any relevant information
- contains information about you that unfairly or untruthfully makes you look bad
- contains information that makes the offence look worse than it is
- contains information about you or the offence that 'mitigates' the offence (puts you and the offence in a better light).
If you disagree with the facts sheet, you can write to the police before you go to court or ask them to change it on the day of court. For more information, see Negotiating with the police, in Responding to a charge.
Criminal record or history
A criminal record is a record of convictions against you. It will also include any offences for which you received a dismissal under section 10 of the Crimes (Sentencing Procedure) Act.
A criminal history includes everything on your criminal record, but also includes details of all court matters, apprehended violence orders, and whether you have been convicted or not.
Check with the prosecutor whether they are handing up your criminal record or your criminal history. They should hand up your record, not your history. A criminal history is usually handed up when you make an application for bail. The criminal history will not assist you and may be prejudicial. Check again before it is handed up to the magistrate to make sure it is not a document that includes offences you were charged with but never found guilty of. If the prosecutor has handed up the wrong document, just ask them to change it. Only raise an objection if they insist on handing up the wrong document.
The Magistrate may consider your criminal record when sentencing you.
The prosecutor will have a copy of your criminal record. You can contact them before court and ask for a copy or you can ask the prosecutor to see it at court before your matter is called.
If your matter is called before you have had a chance to review it, you can ask for your matter to be 'stood in the list' so you can review this material.
You should read your criminal record carefully. Make sure that everything on it is correct.
If you have a long criminal record look for any recent 'gaps' that show you did not commit any criminal offences for a period of time and point these out to the magistrate when you are being sentenced.
If you are having trouble understanding your criminal record, you should get legal advice.
Sometimes there may be a mistake on your criminal record, such as a conviction being incorrectly recorded. You can contact the Criminal Records Section of NSW Police or fill out and send a P827 Disputing Criminal Record Information form.
You can get a blank copy of this form from the Forms page on the NSW Police Community Portal website.
If you don't have time to do this before court, you could tell the prosecutor you disagree with it. You may also need to ask the Magistrate to adjourn your case to give you time to contact NSW Police and try to get the record corrected.
For information about how having a criminal record can impact on you, see Driving and criminal records.
Driving record
Your driving record is kept by the Transport for NSW (TfNSW). It may also be referred to as a traffic record. It contains information about:
- when you got your licence
- the class of licence you have, for example, class C - Car
- any traffic offences you have been charged with or convicted of
- any fines you have received
- licence suspensions
- court-ordered licence disqualification
- Habitual Traffic Offender declarations.
The Magistrate will consider your driving record when considering how to sentence you for a traffic offence. Your driving record will tell the Magistrate:
- if the offence is a first offence or a second or subsequent offence
- any penalties the court has previously imposed
- whether you have committed any other offences that mean a Habitual Traffic Offender declaration will be made.
You can get a copy of your driving record from TfNSW or you can ask the prosecutor to see it at court before your matter is called.
If your matter is called before you have had a chance to review it, you can ask for your matter to be 'stood in the list' so you can review the record.
It can be difficult to read your driving record but it is important to carefully read it.
Look at each offence listed. Do you remember going to court for that offence? Is the penalty listed the same as the penalty you actually received from the court?
If you are having trouble understanding your criminal record, you should get legal advice.
If you believe your driving record is incorrect, you should contact TfNSW and try to have your records corrected.
If you do not have time to do this before court, you could tell the prosecutor you disagree with it. You may also need to ask the Magistrate to adjourn your case to give you time to contact TfNSW and try to get the record corrected.
For information about how having a driving record can impact on you, see Driving and criminal records.
Victim Impact Statement
In some cases, the court may consider a Victim Impact Statement (statement) during sentencing. This is a written statement made by the victim that explains to the court how the offence has affected the victim.
A statement can be given by a primary victim or a family victim.
A primary victim is someone who:
- is the victim of a crime, or
- witnessed an offence involving actual or threatened violence, a sexual offence, the death or physical harm of the victim.
A family victim is a member of the primary victim’s immediate family, who has died because of the offence.
Giving a statement is optional. If the victim gives a statement, they can also choose whether to have the statement read in court.
If a statement is tendered to the court, the court must accept the statement if it has been prepared correctly. The court must also acknowledge a statement if one has been tendered.
A statement will become part of the court record, even if it is not read in court.
The victim may choose not to give a statement if they don’t want to. If this happens, the Court won’t assume that the victim didn’t suffer any harm from the offence.
A statement can cover details of:
- the personal harm the victim has suffered, such as injuries
- the emotional suffering or distress the victim has experienced
- any harm that has been caused to the victims relationship with anyone
- the economic loss or harm the victim has experienced.
Supporting documents can be attached to a statement, such as medical reports.
It can’t contain:
- anything that is offensive, threatening, intimidating or harassing
- the victims suggestions or views about what sentence you should receive, or what the court should take into account when sentencing you
- information about your past crimes or crimes for which you were not convicted.
You are entitled to see a copy of a statement before you are sentenced. If you have a lawyer, your lawyer will be given a copy. If you are unrepresented, you can be given supervised access.
You can only read the statement. You can’t make a copy of it or share it with anyone.
You can:
- object to part or all of the statement
- make submissions about the weight to the given to the statement
- cross-examine the victim about the information in the statement.
Normally, the prosecutor will give your lawyer an advance copy of a statement so that you can raise your objections as early as possible. This allows for the statement to be edited or re-written before it is tendered to the court. It avoids any last minute changes to a statement and the need for the victim to be cross-examined on their statement.
Because of this process, victims are almost never cross-examined on their statement.
The court must consider a statement before it sentences you for the offence. It is up to the court to determine what weight to give to a statement.
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