Is the trial still in the public interest - for example, would a delay until a new trial change anything and is that delay proportionate with the sentence the defendant would likely get?. Is there is still enough evidence to provide a realistic prospect of conviction - has anything changed during the course of the first trial and are the witnesses still willing and available to give evidence again?.To make that decision they’ll consider our two-stage test again: This trial would have to start afresh, hearing all the evidence again, with a brand new jury. If the jury can’t reach a verdict (either guilty or not guilty), then the CPS prosecutor has to decide whether or not to hold another trial. If you decide not to attend the sentencing hearing then the police will let you know what happened once it has finished. Normally, any time the defendant has already spent in prison waiting for the trial will count as part of their sentence. If the defendant has been held in prison awaiting the trial, they will usually be sent back to prison to await the sentence if it’s likely that they will be given a prison sentence by the judge. You can read more about sentencing on their website. Sentencing guidelines are set by the Sentencing Council in line with the law in England and Wales. The judge will then use that information to decide what sentence the defendant will receive in line with the sentencing guidelines for the offence they’ve been convicted of. If you would like to read your Victim Personal Statement to the court yourself, you are entitled to special measures to do so and we will pay for your expenses as before. Otherwise the prosecutor will read it out to the court on your behalf. If you would like to read your Victim Personal Statement out loud to the court, then we can apply to the court for you to do this. If you would like to provide an updated victim personal statement you should speak to your police contact and they will arrange for you to do this. The police will ask you if you’d like to write one during the investigation - this is your opportunity to explain how the crime has impacted you. We will also provide the court with your Victim Personal Statement if you have written one. This can include a pre-sentencing report, written by the probation service, which provides an independent assessment of the offender and the risks they pose. If the defendant is found guilty, the judge can either sentence the defendant straight away or they can postpone (adjourn) the sentencing hearing to ask for more information to help them decide what the sentence should be.
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