How Sentencing Actually Works Versus How the Public Think Judges Get It Wrong

Generally, the police or the Director of Public Prosecutions are responsible for determining what criminal charges a person will face based on available evidence.

Statistics suggest that most people who are charged with criminal offences plead guilty. However, should the accused choose to contest the charge(s), they will either face a hearing before a Magistrate, a trial before a judge and jury, or a judge (sitting alone) to decide if they are guilty or not guilty .

When an accused person comes before the Magistrates' Court for a summary charge or an indictable charge capable of being heard and determined summarily, sentence is usually passed on the same day as the finding of guilt.