SQE Practice Exam 2026 – Complete Preparation Guide

In a Newton Hearing, the responsibility for determining the factual basis lies with the sentencing court. This type of hearing is typically conducted to resolve disputes regarding the facts of a case, particularly when there is a disagreement between the prosecution and the defense about the details of the offense committed by the defendant.

The court acts as the decider of the factual issues, assessing evidence presented from both sides to arrive at a conclusion that will inform the sentencing decision. This is essential as the outcome of the hearing can significantly impact the sentencing process, especially when considering the gravity of the offense and whether any aggravating or mitigating circumstances are present.

While the jury is involved in determining guilt or innocence in a trial, they do not participate in the Newton Hearing, as it specifically pertains to sentencing rather than the determination of guilt. The prosecution may present evidence during the hearing, and the defendant’s lawyer can argue on behalf of their client, but the ultimate decision rests with the sentencing court.