Once a person has pleaded guilty or been found guilty after trial, the case moves to a sentencing hearing. This is the court proceeding where a judge decides what consequence follows the finding of guilt. This page explains what generally happens during that hearing itself, including the pre-sentence report, victim impact statements, and the difference between a joint submission and a contested hearing. For the broader legal principles judges apply when choosing a sentence, see our overview of criminal sentencing in Ontario. This page is general information only and does not replace legal advice about a specific case.
A sentencing hearing can look very different from one case to another. Some hearings are brief, lasting only a few minutes when both sides agree on an outcome. Others are lengthy proceedings involving witnesses, reports, and extended legal argument. What follows is a general description of the stages a sentencing hearing commonly involves, not a prediction of how any specific case will unfold.
How a Case Reaches a Sentencing Hearing
A sentencing hearing follows either a guilty plea that has been accepted by the court, or a guilty verdict reached after a trial. Until one of those two things happens, a case remains at the stage of determining guilt, and questions of sentence do not arise. Once guilt has been established, the focus of the proceeding shifts entirely to what an appropriate consequence should be.
This shift matters because the rules of evidence and the kinds of information a court considers can change at this stage. A sentencing hearing generally allows the court to consider a broader range of background information about the offender than would have been relevant to the question of guilt itself, such as personal history, community ties, and steps taken toward rehabilitation.
Immediate vs. Adjourned Sentencing
In some cases, particularly less serious or more straightforward matters, sentencing proceeds immediately after a guilty plea is accepted, with the Crown and defence making their submissions the same day. In other cases, the hearing is adjourned to a later date to allow time for a pre-sentence report to be prepared, for victim impact statements to be gathered, or for counsel to prepare more detailed submissions.
The length of an adjournment can vary considerably depending on the courthouse, the availability of a probation officer to prepare a report, and the complexity of the case. Neither an immediate sentencing nor an adjourned one is inherently better; which approach is appropriate depends on the specific circumstances of the case and is something a lawyer can advise on.
The Pre-Sentence Report
A pre-sentence report is a written report prepared by a probation officer at the request of the court, generally after a finding of guilt but before sentence is imposed. Its purpose is to give the judge a fuller picture of the person being sentenced, beyond the bare facts of the offence itself.
Preparing the report typically involves an interview with the offender and, in many cases, contact with family members, employers, or other relevant people in the offender's life. The report generally covers background information such as family history, education, employment, community ties, any relevant health or substance-use information the offender chooses to disclose, and steps already taken toward rehabilitation, such as counselling or treatment programs. It may also include the offender's own comments about the offence and their circumstances.
A pre-sentence report is not automatic in every case; a court orders one where it considers the information would be helpful in deciding on an appropriate sentence. Being open and cooperative during the interview process is generally considered important, since the resulting report becomes part of the material the judge reviews. A lawyer can advise on how to prepare for this interview and what kind of information is likely to be relevant.
A pre-sentence report reflects information gathered by a probation officer, not a prediction of the sentence itself. The judge remains responsible for weighing the report alongside submissions from the Crown and defence and the applicable sentencing principles.
Victim Impact Statements
A victim impact statement lets a victim describe, in their own words, the physical, emotional, or financial impact the offence has had on them. Courts generally consider these statements as part of the sentencing hearing, alongside the pre-sentence report and the submissions of both parties. A victim may choose to read their statement aloud in court or have it read on their behalf, and options may exist to give evidence in ways that reduce direct contact with the offender, depending on the circumstances.
Our page on victim impact statements explains this process in more detail from the perspective of someone preparing a statement, and our broader guide for victims and witnesses covers support available throughout a case, not only at sentencing.
Joint Submissions
A joint submission occurs when the Crown and defence have discussed the case and agree to jointly recommend a specific sentence, or a specific range, to the judge. This agreement is often reached as part of broader resolution discussions and generally reflects both sides' assessment of an appropriate outcome given the evidence, the offence, and the offender's circumstances.
Canadian law gives significant weight to joint submissions, and a judge does not simply substitute their own preferred sentence for one the Crown and defence have jointly proposed. Judges are generally expected to depart from a joint submission only in limited circumstances, such as where following it would bring the administration of justice into disrepute or would otherwise not be in the public interest. This high threshold exists in part to preserve the ability of both sides to rely on resolution discussions, which in turn helps the justice system function efficiently.
Even where a joint submission is presented, the judge will still generally hear a brief factual summary, may review a pre-sentence report or victim impact statement, and will give reasons before formally imposing the agreed sentence. A joint submission is a strong recommendation, not an automatic outcome, though departures from a properly reached joint submission are uncommon.
Contested Sentencing Hearings
Where the Crown and defence do not agree, the sentencing hearing becomes contested, meaning each side presents its own position on an appropriate sentence and the reasons supporting it. This typically involves each side making legal submissions about the applicable sentencing principles, relevant case law, and any aggravating or mitigating factors, and may also involve calling evidence, such as testimony from witnesses or experts, where relevant.
A contested sentencing hearing can take considerably longer than one involving a joint submission, sometimes spanning more than one court date, particularly in cases involving a significant dispute about the facts relevant to sentencing or complex legal arguments. After hearing from both sides, the judge decides on the sentence independently, rather than being bound to choose between the two positions presented.
The Offender's Opportunity to Speak
Before imposing sentence, a court generally gives the offender an opportunity to address the court directly, sometimes referred to as the right of allocution. This is a chance for the offender to speak in their own words, for example to express remorse or explain their circumstances, though exercising this right is optional. A lawyer can advise on whether and how to use this opportunity in a specific case, since what is said can be considered by the judge alongside everything else in the record.
The Judge's Reasons for Sentence
After hearing submissions, reviewing any pre-sentence report and victim impact statements, and hearing from the offender, the judge delivers reasons for sentence, explaining the sentence being imposed and the reasoning behind it. These reasons generally reference the applicable sentencing principles, the relevant aggravating and mitigating factors, and, where a joint submission was presented, the fact that it was accepted or, in rare cases, why it was not.
Reasons for sentence serve an important function beyond the individual case. They provide transparency about how the sentence was reached, and they can form part of the record if the sentence is later challenged. Our page on appeals explains how a sentence, as well as a conviction, can be reviewed by a higher court.
After the Hearing
Once sentence is imposed, the hearing concludes and the sentence takes effect, subject to any arrangements about when a custodial sentence begins or when payments such as a fine or restitution are due. Depending on the sentence imposed, further processes may follow, such as reporting to a probation officer, arranging payment of a fine, or beginning a period in custody. Our pages on probation, fines, restitution, custodial sentences, and conditional sentences explain what each of these outcomes generally involves.
Why Legal Representation Matters
A sentencing hearing is often the moment that determines the practical consequences a person will face, which makes preparation important. A lawyer can help gather supporting material, such as letters of reference or evidence of steps taken toward rehabilitation, can identify relevant case law, and can advise on whether pursuing a joint submission or proceeding to a contested hearing is more likely to serve a client's interests. Because sentencing outcomes depend heavily on the specific facts and evidence in a case, this page does not attempt to predict what sentence might follow in any particular situation.
Frequently Asked Questions
Is a pre-sentence report required in every case?
No, a court orders one where it considers the information would help in deciding on an appropriate sentence. Not every case involves a pre-sentence report.
Can a judge reject a joint submission on sentence?
Yes, but only in limited circumstances, such as where the proposed sentence would bring the administration of justice into disrepute or would otherwise not be in the public interest. Judges give significant weight to joint submissions and depart from them infrequently.
Do I have to speak at my own sentencing hearing?
No, addressing the court is generally an opportunity, not a requirement. A lawyer can advise on whether doing so may be helpful in a specific case.
Does a victim have to attend the sentencing hearing in person?
Not necessarily. Options may exist for how a victim impact statement is presented, depending on the circumstances. Our page on victims and witnesses has more general information.
How long does a sentencing hearing take?
This varies considerably. A hearing involving a joint submission can be brief, while a contested hearing involving disputed facts or extensive legal argument can take much longer, sometimes over more than one court date.
Can a sentence be appealed after the hearing?
Yes, in general a sentence can be appealed, separately from or together with a conviction. Our page on appeals explains the general process and time limits.
What is the difference between the sentencing hearing and the sentence itself?
The sentencing hearing is the court proceeding where submissions are made and reasons are given. The sentence is the specific outcome the judge imposes at the end of that hearing, such as probation, a fine, or custody.