11. The Prosecutor's role in sentencing
A sentence is the penalty someone is given when they are found guilty of doing a crime. For example, this could be time in prison or an order to work in the community for a number of hours.
Sentencing is a decision for the judge and the court.
How prosecutors help with sentencing decisions
Prosecutors have a duty to help the judge and the court in these ways:
Telling the court about any facts that make the crime worse or explain why someone did the crime.
Showing the court a Victim Personal Statement, if there is one.
Giving the court evidence of how the crime has affected the community.
Telling the court about any guidelines or cases that can help. This includes the range of possible sentences for this crime.
Telling the court about laws and guidance that affects the case.
In difficult cases, prosecutors should write down all the facts that may help the judge to decide on a sentence.
Prosecutors must think about the victim's needs and future safety. Prosecutors can ask for compensation for the victim or ancillary orders, such as anti-social behaviour orders and confiscation orders.
Prosecutors should challenge anything said by the defendants legal team that is wrong or puts someone down.
More guidance
There is more guidance to help prosecutors decide about guilty pleas.
The guidance is called the Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise.
Next page: Thinking again about a prosecution decision
Difficult words
- Ancillary Orders
Ancillary orders are all the extra things someone who is guilty might be asked to do. For example, pay compensation to the victim or follow certain rules about how they can live in the community.- Penalty
- A penalty is the punishment given to people found guilty of crimes, even if their case doesn't go to court. Penalties can include cautions.
- Sentence
- The sentence is the punishment a judge or magistrate gives to someone found guilty of doing a crime.
- Victim Personal Statement
This is a note written by the victim about what the crime has meant for them and the affect it has had on their life. Victim Personal Statements can be read out in court.
