Solicitors Qualifying Examination (SQE) Practice Exa\

What is the purpose of a Newton Hearing?

1. To hear pleas from the defendant

2. To determine the factual basis for sentencing

3. To establish the legality of the charges

4. To review the evidence against the defendant

The correct answer is: To determine the factual basis for sentencing

The purpose of a Newton Hearing is primarily to determine the factual basis for sentencing when there is a dispute regarding the facts of the case that are relevant to the sentencing process. This type of hearing is typically invoked when a defendant has pleaded guilty or is to be sentenced but disputes the facts as presented by the prosecution, which could affect the severity of the sentence. During the hearing, the judge will consider evidence and potentially hear witness testimony to resolve any disagreements regarding the facts, allowing for an informed sentencing decision that accurately reflects the circumstances surrounding the crime. In contrast, a plea hearing is focused on the defendant's admission of guilt, while a review of evidence addresses the overall case against the defendant rather than the specifics needed for the sentencing. Establishing the legality of charges relates more to the validity of the prosecution's case rather than determining the factual underpinnings for sentencing considerations specifically. Thus, the correct answer underscores the Newton Hearing's role in fact-finding for sentencing purposes.