When most people think about criminal lawyers, they picture dramatic courtroom exchanges, cross-examinations, objections, and surprise evidence. But some of the most important legal work happens quietly, before the hearing even begins.
One of the least understood, and most impactful, tools available to a criminal defence lawyer is reviewing and negotiating the police facts sheet before sentencing. Most defendants don’t know this document exists, let alone that it can be challenged. Understanding how this process works could change your outcome significantly.
If you are facing sentencing in Cairns or Far North Queensland, contact our Criminal Lawyers in Cairns on 07 4035 8300 before your hearing date.
Table of Contents
1. What is the QP9 and Why Does It Matter?
When you are charged with a criminal offence in Queensland, police prepare a document known as the QP9 , the court brief. Within it is a Summary of Facts setting out the prosecution’s version of events.
This document is read by the magistrate or judge at the time of sentencing. The court relies heavily on it when assessing the seriousness of the offending and, by extension, the penalty. Under the Criminal Code Act 1899 (QLD), the prosecution is required to act fairly , and that includes ensuring the facts placed before the court are accurate.
What many defendants do not realise is that pleading guilty does not mean accepting the prosecution’s version of events without question. The Summary of Facts is not a fixed document. It can be reviewed, challenged, and in many cases, negotiated.
2. Why the Police Facts Sheet is Often Inaccurate
Police write QP9 documents quickly, typically from the perspective of the arresting or investigating officer, and they frequently contain problems that a criminal lawyer will identify on review:
- Language that overstates the severity or premeditation of the offending
- Omissions of context that would explain or partially justify the defendant’s conduct
- Inaccurate descriptions of injuries based on initial reports rather than final medical findings
- No reference to provocation, cooperation with police, or remorse demonstrated at the scene
- Characterisations of the defendant’s role that are inconsistent with the available evidence
The Summary of Facts is the court’s roadmap to your sentence. If that roadmap is inaccurate, the destination, your penalty, may be far worse than the actual circumstances warrant.
3. What Can Actually Be Negotiated?
Not every aspect of the QP9 is open to negotiation, and not every matter will produce amendments. But in many cases , particularly assault charges, traffic offences, drug offences, and domestic violence matters , the following types of changes can be sought:
- Removing inflammatory or prejudicial characterisations of the offending (“targeted,” “predatory,” “callous”)
- Correcting factual inaccuracies in how injuries or property damage are described
- Including relevant context that the original document omitted
- Accurately reflecting the defendant’s level of involvement where multiple parties were present
- Noting cooperation with police, early admissions, or remorse demonstrated at the scene
The prosecutor must be satisfied that any agreed amendments are accurate and supported by evidence. This is not about minimising genuine offending , it is about ensuring the court sentences you on an accurate account of what actually occurred.
4. How the Process Works: Step by Step
Step 1: Obtain and Analyse the Full QP9 Brief
Often negotiations can begin simply based on the QP9, however sometimes your lawyer needs to review the complete brief, including all witness statements, CCTV or photographic evidence, medical reports, and any other material the prosecution holds. Inconsistencies between the Summary of Facts and the underlying evidence are where the negotiation begins.
Step 2: Identify the Specific Points of Dispute
Not every sentence in the QP9 is worth challenging. Your lawyer will identify the specific passages that are factually inaccurate, unsupported by evidence, or that present the offending in a materially more serious light than the evidence justifies.
Step 3: Write to the Police Prosecutor
Your lawyer writes formally to the police prosecutor, identifying the disputed passages and proposing specific amended language, supported by the evidence. The Queensland Police Service prosecution guidelines require prosecutors to consider such submissions and to ensure that what is placed before the court is accurate.
Step 4: Negotiate the Agreed Facts
The prosecutor reviews the material and either agrees to amendments, proposes counter-amendments, or declines to change the document. This is a negotiation, not everything proposed will be accepted, and that is normal. The goal is to arrive at an agreed version of facts that is both accurate and as favourable as the evidence supports.
Step 5: Present the Agreed Facts at Sentencing
With an agreed and accurate Summary of Facts, your lawyer then prepares and delivers a detailed plea in mitigation, outlining your personal circumstances, remorse, employment, support network, and any steps already taken to address the underlying behaviour. The magistrate sentences you on the basis of the agreed facts.
5. An Illustrative Example: Before and After
To illustrate the kind of difference this process can make, consider the following hypothetical scenario based on the type of matter we regularly handle in Cairns.
A first-time offender pleads guilty to assault occasioning bodily harm following an altercation outside a venue. The original QP9 describes the incident as a premeditated and targeted attack, characterises the victim as defenceless, describes the injuries as severe, and makes no mention of the verbal altercation that preceded the physical contact.
Before negotiation, the QP9 might describe:
- A premeditated and targeted assault on a defenceless victim
- Multiple blows delivered without provocation
- Significant injuries requiring ongoing medical treatment
- No mention of preceding verbal confrontation or attempt to de-escalate
After review and negotiation, an accurate version might reflect:
- A spontaneous altercation following mutual verbal provocation
- A single incident of physical contact, not a sustained attack
- Injuries consistent with the medical record, which showed minor findings
- The defendant’s attempt to disengage before the situation escalated
The difference between those two accounts, when placed before a magistrate, can be the difference between a custodial sentence and a fine or community-based order. It can also affect whether a conviction is recorded at all, something with long-term consequences for employment, travel, and professional licensing.
6. What This Means for Your Matter
This process applies across a wide range of criminal matters handled by our criminal lawyers in Cairns, including assault charges, drink driving, drug offences, firearm charges, and domestic violence matters. If you are facing sentencing and have not had your QP9 independently reviewed, you may be allowing the prosecution’s unchecked version of events to determine your penalty.
Reviewing the QP9 is a standard part of how we prepare every sentencing matter at MB & Co Lawyers. It is not an afterthought, it is one of the first things we do.
If you are facing a sentencing hearing in Cairns or anywhere in Far North Queensland, call us on 07 4035 8300 or contact us online today.
7. Frequently Asked Questions
Can the police facts be challenged after a guilty plea has been entered?
Yes. Entering a guilty plea does not mean accepting the prosecution’s version of events. The agreed facts placed before the court at sentencing must be accurate, and where they are not, your lawyer can negotiate amendments with the prosecutor. If agreement cannot be reached, the matter can proceed to a disputed facts hearing where the magistrate determines which version is accepted.
What if the prosecutor refuses to agree to any changes?
If the prosecutor does not accept the proposed amendments and the disputed facts are material to the sentencing outcome, you can seek a special hearing where the magistrate determines which version of events is accepted. This is less common but is an available option where the facts significantly affect the likely penalty.
Does this only apply to assault matters?
No. QP9 review and negotiation is relevant across almost all criminal matters where a guilty plea has been entered , traffic offences, drug charges, property offences, domestic violence matters, and more. Any time the Summary of Facts overstates or mischaracterises the offending, there may be grounds to seek amendments.
What is a “no conviction recorded” outcome?
In Queensland, a court can find a charge proven but elect not to record a formal conviction , typically for first-time offenders with strong mitigating circumstances. This outcome can protect employment prospects, travel eligibility, and professional licences. It is an outcome we actively pursue for eligible clients.
How does a plea in mitigation work?
A plea in mitigation is a formal submission made by your lawyer at sentencing, setting out the factors the court should weigh in your favour , remorse, personal circumstances, employment, the impact of a severe penalty on your family, and steps already taken to address the underlying behaviour. Combined with accurately negotiated facts, a well-prepared mitigation plea can meaningfully reduce the penalty you receive.
Facing sentencing in Cairns? Don’t let an inaccurate police facts sheet determine your outcome. Call MB & Co Lawyers on 07 4035 8300or contact us online, a QP9 review is one of the most important steps you can take before your hearing.