This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn what happens during a sentencing hearing in England and Wales, including courtroom procedure, victim personal statements, pre‑sentence reports, submissions by prosecution and defence, sentencing guidelines and types of penalties imposed. This guide explains the process clearly for non‑experts and solicitors alike.
When a person is convicted of a criminal offence in England and Wales, the court must decide what punishment, if any, to impose. This process takes place at a sentencing hearing. A sentencing hearing is an important stage in criminal proceedings: it determines the legal consequences for the offender and reflects the seriousness of the offence, the impact on the victim, and other factors the law requires the court to consider. This article explains what happens during a sentencing hearing, how decisions are reached, who participates, and what rights and information are relevant for defendants, victims and the public.
What Is a Sentencing Hearing?
A sentencing hearing is a specific court session at which a judge or magistrates decide the appropriate sanction after someone has been convicted - either by a guilty plea or after a verdict of guilt at trial. The hearing can occur:
- Immediately after conviction, if the court has enough information; or
- At a later date, if the court needs further reports or information before imposing sentence.
Sentencing hearings take place in either magistrates' courts (for less serious offences) or the Crown Court (for more serious matters). The process and powers vary depending on the court and the type of offence.
Preparing for Sentencing
Before the hearing, important steps often take place to give the court a clear picture of the offender and the offence:
Pre‑Sentence Reports
In many cases, particularly in the Crown Court, the court will order a pre‑sentence report produced by the Probation Service. This report offers an independent assessment of the offender's personal circumstances, risk of re‑offending, rehabilitation prospects and any relevant social or health factors. These reports help the court tailor an appropriate sentence.
Victim Personal Statements
Victims have the right under the Victims' Code to prepare a Victim Personal Statement (VPS). This document explains how the offence has affected them physically, emotionally and financially. The VPS can be considered by the court when deciding the sentence. Victims may read their statement at the hearing if permitted, or someone else (such as a police or witness care officer) can read it on their behalf.
Attending the Hearing
Both the defendant and, if they choose, the victim can attend the sentencing hearing in court. The atmosphere is formal, with everyone present standing when the judge or magistrates enter and sit when invited to do so.
Step‑by‑Step: What Happens in Court
1. Formal Announcement of Conviction
The hearing begins with the court clerk or legal adviser confirming the defendant's conviction. If the defendant has pleaded guilty, the court will note the plea. If the defendant was found guilty after a trial, the judge will formally state the verdict.
2. Prosecutor's Submission
The prosecutor outlines the facts of the offence, emphasising aggravating factors such as harm caused, culpability, and any impact on the victim. They may identify any relevant statutory provisions that affect sentencing.
3. Victim Personal Statement
If a VPS has been prepared, the court will consider it. The victim's account is used as background information and context but the judge or magistrates must not treat it as a plea for a specific punishment. Its role is to assist the court's understanding of impact, not to dictate the sentence.
4. Defence Mitigation
The defence then makes mitigation submissions. This involves presenting factors that might justify a more lenient sentence, such as:
- the defendant's personal circumstances;
- genuine remorse;
- previous good character;
- efforts to make amends; or
- evidence of rehabilitation potential.
Mitigation does not deny the offence but explains why a lighter penalty might be appropriate.
5. Sentencing Guidelines
Judges and magistrates must apply the statutory sentencing guidelines provided by the Sentencing Council for England and Wales. These guidelines structure sentencing decisions by categorising offences and recommending appropriate ranges of penalties based on culpability and harm.
6. Ancillary Orders and Considerations
Depending on the offence and the law, the court may consider ancillary orders such as:
- compensation orders to reimburse victims;
- restraint orders on assets;
- disqualification from driving; or
- community rehabilitation requirements.
The court will also consider any previous convictions and how they affect the sentencing outcome.
Types of Sentence the Court May Pass
The court has a range of sentencing options, including:
- Custodial sentences, where the defendant is sentenced to prison;
- Suspended sentences, where imprisonment is postponed and conditional on good behaviour;
- Community orders, such as unpaid work, curfews or treatment requirements;
- Fines;
- Discharges, where the court deems punishment unnecessary.
The choice depends on factors such as offence seriousness, public protection, deterrence and rehabilitation.
Practical Aspects and Rights
Timing and Delays
Sentencing may happen immediately after conviction or at a later date. Delays often occur because the court is waiting for pre‑sentence reports, victim statements or legal schedules. These delays are a normal part of the process and do not necessarily indicate a particular outcome.
Attendance and Behaviour
Defendants must attend the hearing, and recent legal reforms reinforce that offenders may face additional sanctions if they refuse to attend without good reason, especially where victims are present.
Victim Updates
If victims do not attend the hearing, they must be informed of the sentence outcome within set times by the police or witness care service.
Summary
A sentencing hearing in England and Wales is the stage of criminal proceedings where a judge or magistrates decide the punishment following conviction. The process involves submissions from both prosecution and defence, consideration of sentencing guidelines, victim personal statements and pre‑sentence reports, and a judgement that reflects legal principles and relevant factors such as harm, culpability and rehabilitation. Defendants have the right to be present and make mitigation, and victims have the right to attend and have their impact statements considered. Sentencing is a structured, principled process designed to balance justice, deterrence, public protection and opportunities for rehabilitation.
