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Process

When a person comes before a court they are asked if they are guilty or not guilty of the offence. If the person pleads guilty they are considered to have been ‘found guilty’ by the court.

If the person pleads not guilty, the court will listen to all of the evidence and make a decision about whether the person is guilty or not guilty. In the Magistrates’ Court this decision is made by a magistrate. In the higher courts this finding is usually made by a jury.

A person found 'not guilty' is said to have been acquitted. A person who is acquitted is free to go.

If a person is found guilty the judge or magistrate will hold a sentencing hearing and decide what sentence to give. A sentencing hearing is where the judge or magistrate is presented with information from both the prosecution and defence about the offender to assist them in determining an appropriate sentence. The judge or magistrate must also decide whether or not to record a conviction.

During the sentencing hearing the judge or magistrate must take into account a number of factors including:

• the general principles and purposes of sentencing
• the range of specific factors relating to the offence and to the offender.