A sentencing hearing is where the judge or magistrates decide the punishment after a guilty plea or a conviction at trial. It can happen on the same day as the plea or verdict, but in the Crown Court it is usually listed a few weeks later so that reports can be prepared.

Before the hearing

  • Pre-sentence report. In most cases the court asks the probation service for a report. A probation officer interviews you, usually at the court or by phone, and writes about your circumstances, the offence, the risk you pose and which sentence would be suitable. Attend that interview: a missed interview delays sentence and does not help you.
  • Other reports. The court may also order a psychiatric or psychological report, or a drug or alcohol assessment.
  • Your advocate prepares mitigation: the things that count in your favour, such as your personal circumstances, remorse, steps you have taken since the offence, references from employers or others, and the effect a sentence would have on dependants. Give your solicitor anything useful well before the day.

What happens on the day

  1. The prosecution outlines the facts of the offence, your previous convictions if any, and refers to the sentencing guidelines. Any victim personal statement is read or summarised.
  2. The judge reads the pre-sentence report, which is not usually read out.
  3. Your advocate speaks in mitigation and suggests where the case falls within the guidelines.
  4. The judge passes sentence, explaining the reasons, the starting point under the guidelines, the aggravating and mitigating factors, and the credit given for any guilty plea.

Possible outcomes

  • Immediate custody: prison, or a young offender institution if you are under 21.
  • A suspended sentence: a prison term that is not served unless you breach conditions or reoffend within the period set, usually with requirements attached.
  • A community order with requirements such as unpaid work, rehabilitation activity, a curfew or a programme.
  • A fine, a conditional discharge or an absolute discharge.
  • Orders that go with the sentence: a surcharge, prosecution costs, compensation to the victim, driving disqualification, a restraining order, forfeiture, or a sexual harm prevention order.

Be ready for custody

If immediate custody is a realistic possibility, your solicitor will tell you. Bring a small bag with essentials, make arrangements for children, pets, work and rent, and bring the phone numbers you will need. Property is taken from you at the court cells and returned later.

Attendance

You must attend unless the court has excused you. Failing to attend your own sentencing hearing is itself an offence and the court can sentence you in your absence for some matters.

Time estimate and listing

A sentencing hearing is often listed with an estimate of 30 minutes to an hour, but several may be listed together and the court can run late. On the daily list it appears as "sentence" or "for sentence", with the courtroom, judge and a time.

After sentence

You have 28 days to appeal against sentence from the Crown Court, and 21 days from the magistrates' court. Your advocate will advise whether there are grounds. If you are sent to prison, your solicitor can visit you to discuss this.

This is general information for England and Wales, not legal advice. Speak to a solicitor about your own case.