Here we explain who's who and what happens in a court at sentencing.
See the Structure of the criminal justice system in NSW.
An offender is sentenced after he or she:
Sentencing often takes place on a separate day to the trial or summary hearing and is conducted before the judge or magistrate.
The defence and the prosecution can make spoken and written arguments, and both sides can call evidence in support of their arguments.
Like all members of the community, the victim has the right to be present at the sentencing hearing.
Has the opportunity to put forward evidence and arguments about what the sentence should be.
Evidence may include:
Assists the court by providing information about applicable law and relevant sentencing statistics and
The court often obtains a pre-sentence report which will detail the offender's background and any appropriate or available sentencing options.
For young offenders, Youth Justice must provide a background report detailing this information.
An offender can only be sentenced for the charge of which he or she has been found guilty. The judge or magistrate can only take into account factors that are relevant to that charge.
The judge or magistrate will often make sentencing remarks to clarify his/her decision.
01 Nov 2022
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land.