Letter · Criminal Law

Letter of advice on the brief of evidence and plea options

Privileged advice letter to an accused client: the charges and elements, what the brief shows, the options (defend, plead, negotiate), sentencing discounts, likely penalties and collateral consequences, and the instructions needed.

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 on 17 October 2026 against the 6 authorities it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Use once the brief (or the facts sheet in a summary matter) has been served and reviewed, before the client decides how to plead. Do not use it as a substitute for a conference: complex or serious matters need the advice given in person as well, and a record of the instructions taken.

How AI may be used

AI may help structure the advice from a brief summary the lawyer has approved, in a firm-approved tool. The lawyer settles the analysis, the penalty advice and the recommendation, and checks every reference to the brief.

AI may

  • Produce a witness-and-exhibit map and chronology from the permitted brief, with page references, for the lawyer to check.
  • Draft the plain-English explanation of process and sentencing discounts from the statutory text the lawyer supplies.
  • Check the letter for consistency between the elements table, the evidence summary and the options section.

AI must not

  • Must not receive the client's instructions, admissions or confession in any consumer or public AI tool.
  • Must not state likely penalties, sentencing ranges or statistics that the lawyer has not checked against a verified source.
  • Must not decide or recommend the plea; that is the lawyer's advice and the client's decision.

The lawyer checks

  • Every element, maximum penalty and discount is checked against the current Act.
  • Every statement about the evidence is checked against the brief page cited.
  • Collateral consequences (visa, licences, working with children) are confirmed or referred to a specialist.

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

Authorities

Read the full text

More in Criminal Law

All precedents for Criminal Law · Tasks and AI use in this area