The role of the prosecutor in sentencing and post-conviction

The prosecutors’ role in sentencing and post-conviction decisions varies from jurisdiction to jurisdiction. While sentencing is a decision for the court, generally prosecutors have a duty to offer assistance to the sentencing court in reaching its decision as to the appropriate sentence. In some jurisdictions, the prosecutor draws the court’s attention to the relevant factors, such as aggravating or mitigating factors disclosed by the prosecution case. In certain jurisdictions, the prosecutors assist the court by providing details of the offence and the impact of the offending on society (including a victim personal statement). In some jurisdictions, prosecutors also supply the court with relevant authorities, precedent cases, or draw attention to sentencing guidelines. The prosecutors must ensure that they apply for appropriate ancillary orders which should take into account the victim’s needs, including their future protection.

Related Subject(s): Drugs Crime and Terrorism