What happens when you plead guilty or claim trial to a charge?
- If you decide to plead guilty, you will be given an opportunity to inform the Judge of any mitigating factors which you may have and the Judge 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 be conducted where the Judge will consider the evidence presented and arrive at a decision as to whether the Prosecution has succeeded in proving your guilt.
- If the Prosecution succeeds in proving its case against you and that you committed the offence alleged, the Judge will convict you of the charge and impose a sentence against you.
- If the Prosecution fails in proving its case against you and that you committed the offence alleged, the Judge will acquit you of the charge.
- If you have been convicted of the charge, you will be given an opportunity to inform the Judge of any mitigating factors which you may have.
- The Judge will then consider your mitigation plea before imposing a sentence against you.
- Once a decision on the conviction and sentence has been made by the Judge, either you or the Prosecution may make an appeal to a higher Court (e.g. the High Court) in the following situations:
- If you were sentenced after having pleaded guilty and are not satisfied with the Judge’s decision, you may make an appeal against the sentence imposed
- You may make an appeal against sentence if you feel that it was manifestly excessive or not supported by the facts or the law.
- The Prosecution may make an appeal against sentence if it feels that it was manifestly inadequate or not supported by the facts or the law.
- If you were convicted and sentenced after having claimed trial and you are not satisfied with the Judge’s decisions, you may make an appeal to the High Court against the conviction and sentence.
- If you were acquitted after having claimed trial, the Prosecution may make an appeal to the High Court against the acquittal.
- You need to file the formal application for an appeal within 14 days from the date of conviction or sentence.
- Once an appeal has been filed, a separate Court hearing will be conducted for the Court to consider whether or not the reasons in support of the appeal are of merit and deserving of the appeal being granted.
