By Elaine Freer
When a defendant has pleaded guilty or been convicted after trial, the sentencing process must follow, to determine what the appropriate sentence is.
Any sentencing court has a number of options to reflect the varying seriousness of offences. A court can impose an absolute or conditional discharge, which are not recorded as convictions, at the lowest end.
They might impose a fine, a community order, or give a period of imprisonment (either immediate or suspended).
As a general rule, sentencing follows soon after conviction, if all necessary information (including any presentence reports) is available to the court.
However, a number of countries permit courts, if certain conditions are met, to defer sentencing for a limited period of time, referred to as a ‘deferred sentence’.
Scotland has had such a power since 1963,1 whilst it was introduced into English and Welsh legislation in 1972.
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