What will happen when sentence is passed?

All Contents > Sentencing Home > How Sentencing Works > My Sentencing Hearing > Sentencing Guidelines

“From the prosecution opening and the defence Plea in Mitigation, to the passing of the sentence by the judge or magistrates, read on for what will happen at your sentencing hearing.”

On this page …

Passing sentence
Prosecution opening of the facts
Victim Personal Statements, Community Impact Statements & Impact Statements for Business
Previous convictions & ancillary matters
Defence Plea in Mitigation
Passing sentence
Pre-sentence reports
Links to Further Sentencing Information

Passing sentence

After being found guilty following a trial or after pleading guilty to an offence, you will be sentenced. Sentencing can take place immediately, but often your case will be adjourned for the preparation of a Pre-Sentence Report.

Whether you are due to be sentenced at the magistrates’ court or the Crown Court, the sentencing procedure is very similar.

From the prosecution opening and the defence Plea in Mitigation, to the passing of the sentence by the judge or magistrates, read on for what will happen at your sentencing hearing.

Prosecution opening of the facts

Following a guilty plea

If you have pleaded guilty, the sentencing hearing starts by the prosecution representative summarising the case against you to the magistrates or District Judge (in the magistrates’ court) or to the Judge (in the Crown Court). In opening the case, the facts will be presented based upon the prosecution evidence.

Facts of offence

Occasionally, even where a defendant accepts that he/she is guilty of an offence, the precise version of events put forward by the prosecution is not accepted. In these cases there will have to be an agreed Basis of Plea, or sometimes a fact-finding hearing (known as a Newton Hearing) will take place for the judge to decide which version of events to sentence on.

Following a guilty verdict

If the defendant has been found guilty following a trial, the prosecution will not normally have to open the facts of the case because the magistrates/Judge will already have heard the details. In the Crown Court a jury takes no part in the sentencing process.

Role of the prosecution

It is no part of the task of the prosecution to tell the judge what sentence to impose and the prosecution do not request specific sentences for a defendant, e.g that it should be a custodial sentence or for how long.

However, it is part of the prosecution’s role to assist the court with any matters of law and this includes assistance with relevant Sentencing Guidelines.