Mitigation

Information given to the court before sentence to explain the offence or your circumstances and argue for a lower or different sentence.

Mitigation is anything that may reduce a sentence, and a plea in mitigation is what your solicitor or barrister says to the court before sentence. Under Sentencing Council guidelines, the court first decides how serious the offence is, then weighs aggravating factors, such as relevant previous convictions, against mitigating ones. Common mitigating factors include having no previous convictions, genuine remorse, good character, age or lack of maturity, a mental disorder or learning disability, being the sole or main carer for dependants, playing a minor role in the offence, and positive steps taken since, such as addressing an addiction. Character references, a pre-sentence report and medical evidence can support mitigation. Credit for a guilty plea is applied separately. Mitigation cannot change the facts of the offence and does not guarantee a particular sentence.

Checked as at 25 September 2026. General information only, not legal advice.