If you decide to plead guilty, you’ll be given the opportunity to tell the Judge of any mitigating factors which you have and the Judge to impose a sentence against you (e.g. to pay a fine or serve a period of imprisonment).
If you decide to claim trial, a separate Court hearing (known as a trial) will take place where the Judge will take into account the evidence presented and arrive at a decision as to whether the Prosecution has succeeded in showing your guilt.
- If the Prosecution succeeds in showing its case against you and that you carried out the offence alleged, the Judge will convict you of the charge and impose a sentence against you.
- If the Prosecution fails in showing its case against you and that you carried out the offence alleged, the Judge will acquit you of the charge.
If you’ve been convicted of the charge, you’ll be given the opportunity to tell the Judge of any mitigating factors which you have.
The Judge will then take into account your mitigation plea before imposing a sentence against you.
After a decision on the conviction and sentence is made by the Judge, either you or the Prosecution can make an appeal to a higher Court (e.g. the High Court) in these situations:
- If you’re sentenced after having pleaded guilty and are not satisfied with the Judge’s decision, you can make an appeal against the sentence imposed
- You can make an appeal against sentence if you feel that it was manifestly excessive or not supported by the facts or the law.
- The Prosecution can make an appeal against the sentence if it feels that it was manifestly inadequate or not supported by the facts or the law.
- If you’re convicted and sentenced after having claimed trial and you’re not satisfied with the Judge’s decisions, you can make an appeal to the High Court against the conviction and sentence.
- If you’re acquitted after having claimed trial, the Prosecution can make an appeal to the High Court against the acquittal.
- You need to submit the official application for an appeal within 10 days from the date of conviction or sentence.
- After an appeal is filed, a separate Court hearing will take place for the Court to take into account if the reasons in support of the appeal are of merit and deserving of the appeal being given.