Criminal Procedure Code 2010 · 2020 Revised Edition · Part 11 · General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts
228. Address on sentence, mitigation and sentence
Feedback & supportOn the conviction of the accused, the prosecution may where it thinks fit address the court on sentence.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
The address on sentence may include —
the criminal records of the accused;
any victim impact statement; and
any relevant factors which may affect the sentence.
The court must then hear any plea in mitigation of sentence by the accused and the prosecution has a right of reply.
Where the court is satisfied that any matter raised in the plea in mitigation materially affects any legal condition required by law to constitute the offence charged, the court must reject the plea of guilty.
After the court has heard the plea in mitigation, it may —
at its discretion or on the application of the prosecution or the accused hear any evidence to determine the truth or otherwise of the matters raised before the court which may materially affect the sentence; and
attach such weight to the matter raised as it considers appropriate after hearing the evidence.
The court must then pass sentence according to law immediately or on such day as it thinks fit.
In this section, “victim impact statement” means any statement relating to any harm suffered by any person as a direct result of an offence, which includes physical bodily harm or psychological or psychiatric harm.
statement
“statement” includes any representation of fact, whether made in words or otherwise.