In this section:

Pronouncement of sentence

After the court has heard from you and the prosecution, the judge will consider the appropriate sentence. Some factors the judge will take into consideration in their decision-making include:

  • The nature and severity of your offence.
  • The circumstances in which you committed the offence.
  • The degree of planning in committing the offence.
  • The extent and nature of harm caused.
  • The points raised in your mitigation plea.
  • Your criminal history.

Once the court is ready, it will pronounce sentence. This may take place immediately after your mitigation plea is heard, or during another hearing at a later date.

After your sentence is pronounced

The court can impose different types of sentences, depending on the offences with which you are charged.

Postponing or deferring your sentence

If a sentence of imprisonment is imposed, you will have to serve your sentence immediately after the judge pronounces it. However, you may request that the court postpone or defer the start of your sentence of imprisonment if you have valid reasons. This request should be made immediately upon the pronouncement of your sentence.

The prosecution may then apply for bail to be imposed, or for your existing bail to be increased.

Note

If you are on bail, your bailor should also be present and consent to your request. You will not be allowed to postpone your sentence if your bailor is unable to post bail. In such cases, your sentence will start immediately.

Appealing your sentence

If you are not satisfied with your sentence, you may file a criminal appeal within 14 days (1) after it is pronounced.

Footnotes

(1) Section 377 of the Criminal Procedure Code


2021/03/02

Share this page:
Facebook
Twitter
Email
Print