Receiving Your Sentence in Court
Updated on Tuesday 12th September 2017
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At the sentencing hearing, the magistrates and the jury will consider and evaluate the pre-sentence statement made by the probation officer, will hear the arguments of the prosecutor, of the defence and of the witnesses involved in the crime case. If the magistrates consider the individual guilty of crimes, he/she will receive the sentence in the court of law, considering the seriousness of the offence. Our criminal defence solicitors in London can represent you in the court of law at the sentencing hearing.
The gravity of the offence
Facts like whether the offence was committed on bail for other crimes or whether the defendant is subject to recall to detention or serving a community punishment will usually be extremely important as aggravating the existing offence. The court of law will reflect the range of sentence as suggested by the sentencing guiding principle and then will have to regard the details of each offence in order to review their significance.
The court can order a pre-sentence report from the Probation Service if it involves a community sentence or detention. This will offer extra information about the defendant’s condition, the risk of re-offending and any individual issues possible to manipulate sentencing, for example, a drug addiction. In this case, psychiatric information can be ordered. After taking into consideration all the important information and after fixing the sentence for the case, the court will pronounce the sentence in the court of law, addressing the defendant directly and giving motives for the decisions. Auxiliary instructions, such as expenses and disqualification, will also be announced.
Receiving a suspended sentence
If an individual is involved in minor offences and if the magistrates consider he/she does not represent a threat to the society, then a suspended sentence can be issued. In this case, the offender is conditioned by the authorities once the verdict has been imposed. For instance, the individual will be controlled by a probation officer and will not be allowed to leave the country for a particular period of time. Please consider that even if it is a suspended sentence, it doesn’t mean that the offender is absolved of the accusations, and if new evidence is given to the authorities, he/she can receive another type of sentence. Our criminal lawyers in UK can provide you with information about the suspended sentences and the conditions that come with such verdict.
Reviewed sentence in the UK
There are cases where the Crown Court in UK can be solicited by the Attorney General’s Office to review a sentence which is considered too low or too severe for the crimes committed. The circumstances and the seriousness of the crimes are considered once a sentencing hearing takes place, but if breaches of regulations appear, it might be a proper situation to review the sentence. The Crown Court in UK is in charge of reviewing the verdicts for varied crime cases in about 28 days from the date the sentence has been issued.
Every defendant has the right to appeal from the judge’s court to the Crown Court within 21 days. Suspects who have received immediate prison sentences are advised by our defence solicitors in London to apply for bail on lodging notice of appeal. Offenders who declare their guilt can receive up to a third of their sentence. Judges will always weigh all the details, the offender’s culpability and the level of harm they have produced, and will use condemning rules to reach a balanced sentence. Appeals can be made in this matter if the verdict is considered inappropriate by you and your lawyers.
Please feel free to contact our criminal team of defence solicitors in London, for proper information, guidance and legal representation in the court of law.