NCTJ Court Reporting Practice Exam

What can be offered by the defence after a guilty verdict in a summary trial?

1. Evidence for acquittal

2. Appeal options

3. Mitigation

4. Sentencing advice

The correct answer is: Mitigation

In a summary trial, once a guilty verdict has been reached, the defense has the opportunity to present factors that may influence how the judge approaches sentencing. This presentation is known as mitigation. Mitigation involves providing information about the defendant’s character, circumstances, or any other factors that may warrant a more lenient sentence. The purpose of mitigation is to offer context that could lead the judge to consider alternatives to the maximum penalty, taking into consideration the defendant's background, remorse, or any other relevant factors that may reduce culpability. This can include things like personal circumstances, mental health issues, or any steps the defendant has taken toward rehabilitation. Options such as appeal options or sentencing advice do not address the immediate requirement of the court after a guilty verdict, and evidence for acquittal is typically not relevant post-conviction because it pertains to challenges against the verdict itself, which would have been addressed during the trial stage.