Prison is now a real possibility for Losi Filipo, with the High Court approving an appeal over his being discharged without conviction.

LISTEN ABOVE: University of Auckland law expert Bill Hodge spoke to Rachel Smalley

The former Wellington rugby player pleaded guilty to an assault on four people a year ago, when he was 17.

Police appealed the decision following a public outcry.

University of Auckland law expert Bill Hodge told Rachel Smalley Filipo now faces some tough choices.

"He has certainly signalled that a jail sentence would not be out of place so Filipo has two choices: 'Ok Judge do your worst, I'll stand for sentence here', or 'no judge I want to go back and have a trial.'"

Criminal lawyer Steve Cullen says a lot is now riding on Filipo's next move.

"There's intense public interest in what's going on. The victims have been vociferous in their expressions of what they say he did. One can anticipate the evidence he might face might be significantly overwhelming."

Mr Cullen said he'll have had a clear idea of what sentence he was facing, the first time around.

"Consider whether he wants to say 'well I'm going to apply to vacate my pleas of guilty,' and if he does that then we're back to stage one and he then goes off down the pathway of trial, determination and sentence."

Mr Hodge said he hopes the case sparks some changes.

"I want to see the Solicitor-General take that national view and try to make sure that a similar case in Whangarei, a similar case in Invercargill will get the same treatment."