What happens at a sentence?

If a defendant pleads guilty or is found guilty by the court (either by the jury or judge), they will be sentenced. At the sentence, the defendant might be referred to as the offender. You might be referred to as the victim.

The judge will make their decision and, in most cases, explain why they have given the sentence.

During the sentence, the prosecutor will give the judge 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 judge information about what happened, the offender’s lawyer will give the judge information about the offender’s background and other relevant circumstances.

This helps the judge make their decision about the sentence. The job of the judge 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 judge 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 be 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.

If you would like more information about sentencing, you can click here.