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11. Prosecutors' Role In Sentencing

  1. Crown Prosecutors should draw the court's attention to:
    • any aggravating or mitigating factors disclosed by the prosecution case;
    • any victim personal statement;
    • where appropriate, evidence of the impact of the offending on a community;
    • any statutory provisions or sentencing guidelines which may assist;
    • any relevant statutory provisions relating to ancillary orders (such as anti-social behaviour orders).
  2. The Crown Prosecutor should challenge any assertion made by the defence in mitigation that is inaccurate, misleading or derogatory. If the defence persist in the assertion, and it appears relevant to the sentence, the court should be invited to hear evidence to determine the facts and sentence accordingly.