Giwa Ihesha
Member
YOU’VE BEEN FOUND GUILTY, BUT THE COURT IS NOT DONE HEARING FROM YOU.
Have you ever wondered what happens after a person is convicted but before the court pronounces sentence? This is where allocutus becomes significant.
WHAT IS ALLOCUTUS?
Allocutus is the opportunity given to a convicted person, or their counsel, to address the court before sentence is imposed. It is essentially a plea in mitigation, where the defence presents circumstances that may persuade the court to exercise leniency within the bounds of the law.
At this stage, counsel may draw the court’s attention to relevant mitigating factors, such as:
• The accused’s age and personal circumstances
• Whether the person is a first-time offender
• Remorse or genuine contrition
• The possibility of rehabilitation
• The accused’s health or family circumstances, where legally relevant
• The nature and circumstances of the offence
• Cooperation with the authorities, where applicable
• Any other circumstance recognised by law as capable of mitigating punishment
Why is allocutus important?
A conviction establishes criminal liability, but sentencing is a distinct judicial exercise. The court must consider the circumstances surrounding the offender and the offence before determining the appropriate sentence, subject to the applicable law and sentencing principles.
Allocutus therefore gives the defence an opportunity to place relevant mitigating circumstances before the court rather than allowing sentence to be determined without hearing from the convicted person.
NOTE: Allocutus does not mean that a convicted person is asking the court to overturn the conviction. The question at this stage is generally what sentence should be imposed, not whether the person is guilty.
In simple terms:
Conviction answers: “Is the person guilty?”
Allocutus addresses: “What should the court consider before imposing sentence?”
Stay legally informed!
Happiness Oluoma Oguaghamba
Have you ever wondered what happens after a person is convicted but before the court pronounces sentence? This is where allocutus becomes significant.
WHAT IS ALLOCUTUS?
Allocutus is the opportunity given to a convicted person, or their counsel, to address the court before sentence is imposed. It is essentially a plea in mitigation, where the defence presents circumstances that may persuade the court to exercise leniency within the bounds of the law.
At this stage, counsel may draw the court’s attention to relevant mitigating factors, such as:
• The accused’s age and personal circumstances
• Whether the person is a first-time offender
• Remorse or genuine contrition
• The possibility of rehabilitation
• The accused’s health or family circumstances, where legally relevant
• The nature and circumstances of the offence
• Cooperation with the authorities, where applicable
• Any other circumstance recognised by law as capable of mitigating punishment
Why is allocutus important?
A conviction establishes criminal liability, but sentencing is a distinct judicial exercise. The court must consider the circumstances surrounding the offender and the offence before determining the appropriate sentence, subject to the applicable law and sentencing principles.
Allocutus therefore gives the defence an opportunity to place relevant mitigating circumstances before the court rather than allowing sentence to be determined without hearing from the convicted person.
NOTE: Allocutus does not mean that a convicted person is asking the court to overturn the conviction. The question at this stage is generally what sentence should be imposed, not whether the person is guilty.
In simple terms:
Conviction answers: “Is the person guilty?”
Allocutus addresses: “What should the court consider before imposing sentence?”
Stay legally informed!
Happiness Oluoma Oguaghamba