What is a mitigation plea and how does it affect your sentence?

What a mitigation plea is

A mitigation plea is a submission made after a person pleads guilty or is found guilty, and before the judge passes sentence. It tells the court about the person behind the offence and the circumstances, and asks for a sentence at the lighter end of what is fair.

It is not a way to dispute the charge. That is what a trial is for. Firms stress that mitigation does not excuse the offence. Its purpose is to help the court reach a fair and proportionate sentence.

How sentencing works

Before the mitigation plea, the Prosecution may present the accused person’s criminal record and its submissions on sentence. The judge then weighs the seriousness of the offence and the aggravating and mitigating factors.

Courts have several aims in sentencing, including deterrence, prevention and retribution. A good plea looks at past cases for the same offence and proposes a sentence that is realistic in light of them.

Factors that commonly help

Firms list factors such as:

• a clean record, or being a first-time offender
• genuine remorse and acceptance of responsibility
• an early guilty plea
• cooperation with the police or prosecution
• restitution or compensation to the victim
• personal circumstances such as health, age or family responsibilities
• steps already taken towards rehabilitation, such as counselling or treatment

Supporting documents

Statements in a mitigation plea should be backed up. Common supporting documents include medical or psychiatric reports, character references from employers or community leaders, proof of restitution, and certificates from counselling or treatment programmes.

A plea can be made orally or in writing. One firm strongly encourages handing in a written plea before the hearing so the judge has time to read it.

Mistakes to avoid

If you have pleaded guilty, the mitigation plea must not contradict the Statement of Facts or deny parts of the offence. Doing so is called qualifying the plea, and the court may refuse to accept the guilty plea.

• Do not blame the victim or other people.
• Do not make claims you cannot support with documents.
• Do not ask for a sentence that is out of line with past cases.

A note on this guide

This is general information about how mitigation works in Singapore. The weight given to any factor depends on the offence and the facts of the case.