defence and prosecution in sentencing

[katy71]

how much say does the defence lawyer have when a defendant is found guilty after trial and it goes to probation reports before sentencing in a magistrates

[New Judge]

Defendants (or their advocates) are entitled to make represenations to the magistrates upon conviction. Those representations may be concerning the offence itself (i.e. how trivial or serious it was) or about the defendant's personal circumstances and how it influenced the commission of the offence, or indeed anything else they think the magistrates should hear.

At the next hearing after the reports are prepared they can again make represenations. They may have to go over old ground as the sentencing bench is unlikely to be composed of the same magistrates at the earlier hearing. Representations can also then be made about any issues arising from the reports.