What happens when the defendant is sentenced in the Magistrates Court?

There are two ways that a case can be listed for sentence:

• The magistrate decides after a trial that the defendant is guilty
• The defendant says that they are going to plead guilty.

Your investigating officer will let you know when the sentence is. If your case was a trial, the sentence might be straight after the trial, or it might be some days or weeks after.

At the sentence, the defendant might be referred to as the offender. You might be referred to as the victim.

During the sentence, the prosecutor will give the magistrate information about what happened. As a part of the sentencing process, you will also be given the option of providing a victim impact statement. This is your right to be given the option of making a victim impact statement. It is also your choice if you do not want to give one.

After the prosecutor gives the magistrate information about what happened, the offender’s lawyer will give the magistrate information about the offender’s background and other relevant circumstances.

This helps the magistrate make their decision about the sentence. The job of the magistrate is to consider everything carefully and decide on a sentence. They will think about what the prosecutor and the defence lawyers said and they have to apply the law. The magistrate will make their decision and, in most cases, explain why they have given the sentence.

It’s your choice about whether you go to the sentence hearing. It is your right to know the outcome of any criminal justice process, but you don’t have to go to the sentence to find this out – if you prefer not to attend the sentencing hearing, the prosecutor can tell you after the sentence what happened.