ABSTRACT
The emphasis in this chapter is on exploring the broader context in which information is attributed the status of fact and ‘truth’ for the purposes of sentence. It describes and evaluates the procedural contexts which determine the factual basis for sentence in global and local forms of trial justice, and considers the likely impact on this process of adopting alternative punishment rationales and trial models. The chapter also examines the significance of sentencing norms and practice within different jurisdictional contexts and trial traditions. For example, the chapter focuses on problems associated with conventional approaches to establishing the factual basis for sentence, considering differences between adversarial, inquisitorial and hybridised forms of trial justice; the relevance of substantive law issues and their impact on sentence determination; the significance of the verdict; the relevance of previous convictions; and the adequacy of mechanisms for resolving disputes about evidential status.
