Sentencing support. England and Wales.
Legal Aid for Sentencing
If you are facing sentencing, what you do before the hearing matters. The court may consider mitigation, reports, and information about your circumstances. Legal Aid may apply depending on the case and your circumstances. A solicitor can help you prepare properly and avoid last-minute surprises.
No guarantees. Legal Aid may apply depending on circumstances.
If your sentencing date is soon
If you have a sentencing hearing coming up, get advice urgently. Preparation can include gathering mitigation evidence, clarifying the sentencing basis, and making sure the court has what it needs.
For focused preparation, see our service page on sentencing advice and mitigation.
What sentencing can involve
Sentencing is not just a formality. The court may consider your background, the circumstances of the offence, any previous convictions, and what has happened since the allegation. In some cases, the court orders reports before deciding sentence.
- Plea basis and what the court is sentencing for
- Personal mitigation and supporting evidence
- Pre-sentence reports and recommendations
- Compensation, costs, and ancillary orders
- Community orders, custody thresholds, and requirements
- Approach to sentencing guidelines
If your case is in Crown Court, also see Legal Aid for Crown Court.
How Legal Aid can apply at sentencing
Legal Aid may apply depending on the stage of the case and your circumstances. A solicitor will explain what funding rules apply and what preparation is sensible before the hearing.
Mitigation and evidence
Mitigation can include letters, proof of employment or caring responsibilities, medical information, and evidence of steps taken since the allegation. Your solicitor will tell you what is relevant and safe to provide.
Reports and adjournments
Some cases involve pre-sentence reports or specialist assessments. A solicitor can advise whether the court is likely to order a report and what an adjournment would achieve.
If Legal Aid does not apply
If Legal Aid is not available, we will explain private funding options. In some situations, targeted advice and preparation can still help reduce sentencing risk.
What to do now
- 1) Get advice urgently and do not leave preparation to the day of court.
- 2) Gather paperwork: court letters, charge sheet, bail notice, and any report requests.
- 3) Prepare mitigation evidence with your solicitor’s guidance.
If you need ongoing support after sentence (including next steps), see Legal Aid for appeals and appeals and ongoing case support.
FAQs
Can I get Legal Aid for a sentencing hearing?
Legal Aid may apply depending on the stage of the case and your circumstances. A solicitor will assess eligibility and explain what funding may be available for representation and preparation.
What is mitigation at sentencing?
Mitigation is information and evidence that can help the court understand context and reduce sentence risk. It may include personal circumstances, progress made, and steps taken since the offence.
What should I bring to my sentencing hearing?
Bring all court paperwork, your bail or custody documents, and any letters or evidence your solicitor has advised you to prepare. Your solicitor can tell you what is most relevant.
Can I ask for more time before sentencing?
In some situations, the court may adjourn for reports or further information. A solicitor can advise whether an adjournment is realistic and what the court is likely to require.
Do you guarantee Legal Aid or a particular sentence outcome?
No. Legal Aid depends on your circumstances and the nature and stage of the case. Sentencing outcomes depend on the facts, evidence, and judicial decisions.