- Mitigation is allowing a convicted person to explain his/her circumstances and ask the judge/magistrate for a smaller punishment.
- Mitigation occurs before sentencing
- Mitigation only happens when you are found to be guilty.
- You should ONLY ask to be shown mercy.
- You cannot be forced to say anything if you choose not to mitigate.
- In the case of child offenders, the law provides that when sentencing a child, the court must consider what is best for the child.