Letter · Criminal Law

Representations to the DPP seeking charge resolution or withdrawal

Without prejudice letter to the NSW ODPP proposing withdrawal of charges or a plea to an alternative, structured around the ODPP charge resolution guidelines, with client authority recorded.

Kind
Letter. A letter or email you adapt and send.
Where it applies
New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use for written representations before or at a case conference, or later in the proceedings, once the client has given written instructions. For summary matters prosecuted by police, adapt the addressee and drop the case conference references.

How AI may be used

AI may help assemble the evidential analysis from the permitted brief in a firm-approved tool. The offer itself, and anything that could be an admission, comes only from the client's written instructions and is settled by the lawyer.

AI may

  • Draft the evidential weaknesses section from the lawyer's brief analysis, with brief page references.
  • Check the letter against the ODPP chapter 4 factors and flag any factor not addressed.
  • Compare the proposed agreed facts with the police facts and list differences.

AI must not

  • Must not receive the client's instructions or admissions in any consumer or public AI tool.
  • Must not add facts, concessions or admissions that the client has not approved in writing.
  • Must not send or file anything; the lawyer sends the letter.

The lawyer checks

  • Written client authority for the offer is on file and matches the letter exactly.
  • Every statement about the evidence is checked against the brief.
  • The proposed agreed facts do not distort the facts or invite sentence for a more serious offence (ODPP guideline 4.4).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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