Whether you are a defendant awaiting sentence, a family member trying to understand what happens next, or a victim of crime, you have rights within the sentencing process. This guide sets out the key rights and protections established by law.

Right to Legal Representation

Every defendant has the right to legal representation at sentencing. The practical options depend on the court and the offence:

• Duty solicitor: At the magistrates' court, a duty solicitor is available free of charge at every sitting. The duty solicitor can advise on plea, represent you at the hearing, and make a plea in mitigation.
• Legal aid: For Crown Court cases, legal aid is available through the Legal Aid Agency, subject to a means test and an interests-of-justice test. If granted, legal aid covers the cost of a solicitor and (where appropriate) a barrister.
• Private solicitor: You have the right to instruct your own solicitor at your own expense. The Law Society's Find a Solicitor service can help.
• Self-representation: You have the right to represent yourself, though this is generally not advisable, particularly in the Crown Court.

Right to Address the Court

Before sentence is passed, the defendant (usually through their solicitor or barrister) has the right to make a plea in mitigation. This is an opportunity to put forward any factors that the court should take into account when deciding the sentence.

A plea in mitigation may cover:

• Personal circumstances: family responsibilities, employment, housing
• Health: physical or mental health conditions
• Remorse and steps taken to make amends
• Cooperation with the investigation
• Character references from employers, community figures, or family

The court must consider the mitigation before passing sentence. The judge or magistrate is not bound to reduce the sentence, but a well-presented mitigation can make a significant difference.

Right to Appeal

If you believe your sentence is wrong in principle or manifestly excessive, you may have the right to appeal:

• From the magistrates' court to the Crown Court: Appeal must be lodged within 21 days of sentence. The Crown Court conducts a complete rehearing (a de novo hearing) and can impose any sentence the magistrates' court could have imposed, including a more severe sentence.
• From the Crown Court to the Court of Appeal: Application for leave to appeal must be made within 28 days. Permission is required. The applicant must demonstrate that the sentence was wrong in law, wrong in principle, or manifestly excessive. The Court of Appeal can reduce the sentence, substitute a different sentence, or dismiss the appeal.

Legal aid may be available for appeals. Time spent in custody pending appeal counts towards any sentence.

Victim's Right to Review

Victims of crime have specific rights within the sentencing process:

• Victim personal statement (VPS): Victims are entitled to make a personal statement describing the impact of the crime on their life. The VPS is read to the court before sentencing and the judge must take it into account.
• Victim Contact Scheme: For offenders sentenced to 12 months or more, the Victim Contact Scheme provides victims with information about the offender's sentence, release date, and licence conditions.
• Code of Practice for Victims of Crime: Sets out the services victims are entitled to receive from criminal justice agencies, including the right to be informed about sentencing outcomes.
• Victims' Commissioner: An independent appointment who reviews the treatment of victims by the criminal justice system.

Understanding Your Sentence

The sentencing judge must explain the sentence in open court. This means explaining:

• The reasons for the sentence
• The effect of the sentence (including, for a custodial sentence, the expected release date)
• Any licence conditions that will apply on release
• The consequences of breaching a community order or licence condition

For serious cases heard in the Crown Court, the judge's sentencing remarks are often published on the Judiciary website.

Early Release

Most prisoners do not serve their full sentence in custody. The rules on early release are set out in the Criminal Justice Act 2003 (as amended):

• Standard determinate sentences (under 4 years): automatic release at the halfway point
• Sentences of 4 years or more: release at two-thirds of the sentence (following amendments under the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order)
• Home Detention Curfew (HDC): eligible prisoners may be released up to 135 days early on an electronic tag, subject to risk assessment
• Life sentences: release only with the approval of the Parole Board, after the minimum term (tariff) set by the judge has been served

Post-sentence supervision (PSS) applies to all offenders sentenced to less than 2 years' custody. After release, they are supervised in the community for a period of 12 months.

Licence Conditions

All prisoners released before the end of their sentence are released on licence. Licence conditions are set by the Secretary of State and managed by the National Probation Service.

Standard licence conditions include:

• Report to a named probation officer on the day of release and as directed thereafter
• Notify any change of address
• Obtain permission before travelling abroad
• Be of good behaviour and not commit any offence

Additional licence conditions may include:

• Exclusion zones (prohibiting the offender from entering specified areas)
• Curfew with electronic monitoring
• Attendance at specified programmes
• Residence at a specified address or approved premises
• Non-contact conditions (prohibiting contact with specified individuals)

Breach of a licence condition can lead to recall to prison. The offender may be recalled for the remainder of their sentence or until the Parole Board directs release.

For a broader overview of how sentences are decided, see How Sentencing Works. For information on specific sentence types, see Types of Sentence.