Canadian Criminal Sentencing/Procedure/Overview of Sentencing

Guilty plea or Conviction

A sentencing hearing is to be commenced "as soon as practicable" after the point where a conviction has been entered.

Submissions of counsel

Both the Crown and Defence are permitted to make submissions to facts for consideration. However, submissions themselves do not constitute evidence.

Accused addressing the Court

At the end of the submissions by counsel, the accused is entitled to make comments to the court. Failure to allow the accused to speak will not invalidate the sentence if it is an inadvertent slip or error.

Judgement on Sentence

A judge, in deciding on a sentence, after hearing the recommendations from both Crown and Defence, may go above the range recommended by Crown counsel, but must do so after giving reasons for the sentence given.

It is also recommended that the judge give counsel an opportunity to make further submissions.

Upon deciding on a particular sentence the judge shall comply with s.570 and 806 requiring him to make a minute or memorandum of conviction and upon request, make a conviction order under Form 35 or 36. Further a warrant of committal, if applicable, will be made under Form 21 or 22.