Sentencing is the very last stage of the typical criminal trial process. Sentencing occurs after the guilty plea or once the trial has concluded and the accused has been found guilty of an offence. In some cases, the sentencing hearing will be set on a day sometime after the trial completed or the accused pleads guilty. In other cases, sentencing will proceed right away.
Sentencing is the portion of a criminal case where the judge determines what the offender’s punishment will be for the crime they have been found guilty of. Sentencing occurs after the offender has been convicted either at trial or by way of guilty plea. Sometimes the sentencing will occur immediately after the offender has been found guilty and in other cases, the matter will be adjourned to a later date for sentencing.
Once an offender has been found guilty, the matter will move to sentencing. The sentencing judge will be the same judge who presided over the trial, or in the case of a guilty plea, who took the plea. Once the matter is called and the sentencing hearing has begun, the judge will allow both the Crown and defence counsel to make submissions on sentence.
More Legal Information
In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.