The Verdict and Sentencing

After listening to all the evidence, the Judge or jury will decide whether a defendant is guilty or not guilty.  In the crown Court, if the defendant pleads guilty or is found guilty, the judge will pass down a custodial or non-custodial sentence.  This sentence can be carried out on the day, or at a later date.  If the defendant is found not guilty, they will be acquitted.  In both cases, you can receive support from Victim Support NI after the trial.

The judge alone decides on the sentence, and is guided by a number of considerations:

• The maximum sentence they can give, which is usually set by Parliament for the offence
• Whether the defendant pleaded guilty. If the defendant pleaded guilty, the judge can choose to reduce the sentence
• The level of sentences passed for similar cases in the past. This is known as case law
• The powers of the court. For example, a Crown Court can issue higher sentences than a Magistrates’ court
• Any pleas in mitigation or circumstances set out in background reports
• Any expert victim impact report
• Any Victim Personal Statement made by you

The judge may also ask the Probation Board of Northern Ireland to produce a report about the offender.  This is known as a pre-sentence report.

There are four types of sentence available to the courts:

• Discharges
• Fines
• Community Sentences
• Imprisonment, typically for the most serious offences and offenders

You can find out more about the sentencing guidelines at Judiciary NI