How long after being found guilty is sentencing in the UK?

It may be tough to tell what is worse: being found guilty of an offence (whether or not you actually did it) or the agonising wait to find out what your sentence will be. Sentencing procedures vary between the Magistrates’ Court and the Crown Court, and what your sentence will ultimately be is dependant not only the crime you have been found guilty of, but also a long list of aggravating and mitigating factors (factors the judge considers to make you more or less culpable, or your crime to have caused more or less harm). If you have been wondering about what your sentence might be, this article is for you. We outline some of the main points that go into a sentencing decision, and address some of the most common concerns we get from clients.

How long does sentencing take after conviction?

The length of time between conviction and sentencing can, and indeed often does, vary. Sometimes, the sentencing occurs immediately after the trial, but in other instances, a separate court date may be set for the sentencing hearing.

Regrettably, there is no way of determining exactly how long it is going to take to get to sentencing after conviction, and there are no guarantees, but a few weeks is quite a typical timeline.

Rest assured, however, that the sentencing process is integral to the administration of justice, and courts are dedicated to ensuring it proceeds efficiently and fairly. A judge will be conscious of what impact the wait time might be having on you and your family, and will try to ensure that everything is done on as expeditious a schedule as possible.

What is the most common sentence for a guilty defendant?

According to Statistica, in 2022, the most common sentence length for prisoners in England and Wales was between two and four years. Sentence lengths do, however, greatly vary based on the nature of the offence and the individual circumstances of the case. The seriousness of the offence along with a host of other factors determine prison sentences.

What happens when a defendant is found guilty?

When a defendant is found guilty, the next stage is that a judge at the court will decide on their sentence, but it is not necessarily something that happens that day. The sentencing hearing could be a few days or even weeks after the guilt finding. This is the case whether it is the magistrate’s or the Crown Court.

At the sentencing hearing, the court will ‘hear’ information on the offence and any previous convictions. The prosecution will outline the facts of the case, including the impact on victims (which may include financial damage if the victim was a corporation in a fraud case, for example), while the defence will provide mitigating circumstances (such as it being the offender’s first offence). All these factors will be considered to arrive at a fair and proportionate sentence that is not only consistent with what the Sentencing Council prescribes, but also what other offenders have been given for similar offences and situations.

What do judges consider when sentencing?

In determining a sentence, judges consider factors such as the type, seriousness, and circumstances of the crime. They also take into account the defendant’s age, criminal record, and whether they pleaded guilty or not guilty. Factors that could make the crime more serious (aggravating circumstances) or those that make it less serious (mitigating circumstances) are also considered. Judges must follow guidelines from the Sentencing Council – they are not allowed simply to come to their own conclusions on sentencing – and in doing so, they may refer to decisions made in previous cases.

What crimes get 6 months in jail in the UK?

The average custodial sentence length for various crimes can provide an idea of the crimes that typically receive around six months in prison (note that ‘jail’ is a term typically used to indicate the waiting period before going to trial or between the verdict and sentencing). Many drug possession crimes or relatively minor assaults can lead to sentences of around six months.

In practice, it is tough to identify immediately which crimes will receive a six month sentence. Note, however, that if the permissible sentence is a maximum of six months, the case will be heard by the magistrate’s court.

What is the minimum sentence in Crown Court?

In the Crown Court, just like in the magistrate’s court, the minimum sentence for an offence will be determined by the sentencing range set by the Sentencing Council. Minimum sentences, along with maximum sentences and sentence starting points, can be found for each offence on the Sentencing Council’s website, which is open to the public and free to use.

What happens if you plead not guilty but are found guilty in the UK?

If you plead not guilty to an offence and later are found guilty, you will be determined to be an ‘offender’ subject to sentencing just like anyone else found guilty. Either immediately after the verdict or a few days or weeks after, if there is a gap between the two dates, the judge will consider what will be a fair sentence for you. The rules in this regard are the same.

Where things change are in respect of the impact that an early guilty plea has on an eventual sentence. To dissuade defendants from ‘chancing’ it in court, just in case a jury finds them not guilty, there is a positive outcome to entering a truthful early plea of guilt: you get part of your sentence knocked off immediately.

If you plead guilty at the very first opportunity, you can get up to one third of the time off your sentence (a three year sentence would become a two year sentence, for example). If you plead guilty at a later date, the judge may still give you a reduction for the sentence but it will not be the full third.

Asking an experienced criminal defence solicitor for their advice on when to enter a plea is the best way to ensure that you are making the correct strategic decision for your case. Because cases vary so much, it is best not to make assumptions about what you will or will not receive.

Does time spent waiting for sentencing count towards your ultimate sentence?

In short, yes. If you have been waiting, say, one month for a sentencing date and the judge later gives you a sentence of six months, you will only have to serve a further five months (which may, in the end, get reduced for good behaviour anyway). Sentencing works this way to ensure that those who have to wait longer for sentencing hearings are not unfairly disadvantaged versus those who might get them quicker, for whatever reason.

What happens at a sentencing hearing?

Per guidance from the Sentencing Council, a sentencing hearing is a critical stage in the legal process where the court determines the appropriate punishment for a convicted individual. This occurs following a plea of guilt or a finding of guilt in either a magistrates’ court or the Crown Court.

During a sentencing hearing, the court reviews all elements of the offence as well as the offender’s background to reach a fair and balanced sentence. Here are some key steps in the process:

The court is informed of the conviction details including the nature of the offence, whether the offender pleaded guilty or not, and the timing of their plea.

The prosecution presents the facts of the case, including any factors that could increase or decrease the severity of the offence, such as the impact on victims, and informs the court about any previous convictions the offender might have.

The defence has an opportunity to present mitigating factors, which involves detailing the circumstances surrounding the offence and providing information about the offender’s character and any relevant history.

Both the prosecution and defence are likely to reference sentencing guidelines to inform the court’s decision-making process.

In summary, a sentencing hearing is a comprehensive evaluation of the offence and the offender, with the ultimate goal of delivering a sentence that matches the gravity of the crime and the offender’s circumstances.

Where to get more help

If you or someone you care about is struggling to know how to navigate the sentencing process, get in touch with the team at Stuart Miller Solicitors today. Our friendly and non-judgemental lawyers have decades’ of combined experience in the criminal justice system and know the many ins and outs of how sentencing works. Getting help as early on in the process is your best bet for a favourable outcome. For a free consultation with no obligation to engage us, contact our team today.

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11:01 18 Mar 25

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17:44 04 Mar 25

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12:10 21 Feb 25

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10:06 28 Jan 25

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14:25 20 Jan 25

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16:48 16 Jan 25

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13:29 16 Jan 25

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12:22 13 Jan 25

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J N

16:04 09 Jan 25

I have given Stuart Miller a five-star review for their exceptional responsiveness to feedback and their ability to implement immediate solutions to any issues encountered with their service.This is not to suggest that you will always have an outstanding experience with everyone at the firm, but I can highly recommend Kate. She demonstrated the skill set required to be an excellent solicitor and restored my confidence in Stuart Miller enough to warrant a five-star review for the firm.

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11:32 08 Jan 25

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11:29 07 Jan 25

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11:51 04 Jan 25

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15:34 03 Jan 25

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12:25 11 Dec 24

One of the things I’ve appreciated most is their exceptional communication. In fact, they take the time to explain the difficult legal points in a way that I could understand, despite their technicalities, thus I was never in the dark about what was going on. This was even more beneficial when dealing with complex transactions, which required a high level of clearness. Their commitment to updating me on every step along the way of the lawsuit indeed brought some peace of mind.

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14:20 10 Dec 24

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13:15 27 Nov 24

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23:28 16 Nov 24

These guys are highly professional and down to earth; they listen, support and go all out to help with empathy and passion- Solicitor Kiran is one top notch professionalKeep up the good work

Javs

15:49 12 Nov 24

I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

Edan Lungo-Osman

11:53 28 Oct 24

My case got sorted out with suspended sentence when a defiant prison sentence expected and they helped me the most they could thankyou kiran and the team for your help highly recommended

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08:30 25 Oct 24

Honestly the best! Helped me so much out with a potential speeding conviction. I’m so glad I came across this company. Can’t fault them at all! So helpful and I’m very grateful for all the advice offered.

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15:43 11 Oct 24

Brilliant service! Great team and very efficient. Couldn’t have asked for a better service and would highly recommend. Rob is very efficient in his work, always keeps communication and let’s you know the steps, he’s very helpful in terms of other worries within a case and gives great advice on any matter.

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10:19 30 Sep 24

Hi I used this law firm for a trial and they went above and beyond to help me. I truly do recommend all use this law firm and they know there stuff. I was found not guilty at trial and Sarah did an amazing job.I'm so happy thanks guys

N A

14:13 14 Aug 24

When you have to look for a solicitor it’s usually because you’ve found yourself in less than pleasant circumstances. That was absolutely the case for me when I reached out to Stuart Miller Solicitors.I was dealing with a matter that had transpired over two years ago and was receiving repetitive communications and misdirections from police. However, that all ended when I was represented by Stuart Miller Solicitors.They were so helpful at every stage, but especially Scarlett Rowe, who simply was exceptional.Scarlett went above and beyond what I sense my case even required. She submitted disclosures and communications to CPS in a manner and at junctures where it would be most impactful and therefore critical to a good outcome. And that’s exactly what I got—nothing short of a good outcome.

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19:53 11 Aug 24

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09:14 10 Aug 24

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11:35 06 Aug 24

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17:21 25 Jul 24

I’d like to thank the team and especially Anna Sidgwick, on securing the acquittal for my son at Isleworth Crown Court.In what was a traumatic and emotional experience Anna was always on hand to support us.Effectively bridging the gap with our son who was in custody.Her diligence and commitment allowed what was a troubled experience, bearable.Very professional and diligent.Much appreciated.

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16:59 11 Jul 24

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15:02 30 Jun 24

I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

Davut Bilgen

18:52 11 Jun 24

Thanks a lot for my case , I’m really happy with progress. Especially one of best Duygu she’s done brilliant job for me 🤞🏼🤞🏼🙏🏼🙏🏼

264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

Souad Ghailan

17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

Sahin akay

11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

Jakub Nowakowski

11:05 16 May 24

Mr zeb is the Best solicitor giving the best legal advice and defence as I was stressing out before speaking to him and when he clued me to what’s happening I stopped stressing as I knew how to deal with the situation. Would recommend to anyone needing advice.

Rams K

09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

Abdi shakur Ali

21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

Alby Davis

03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

Keshia

14:50 14 Nov 23

Fantastic solicitors. Would highly recommend them. All staff are amazing

Namna Janapori

06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

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