Rule 28 Affidavit in Mitigation - How Submitted

If a jury finds someone guilty, they get a chance to submit written statements (called affidavits) before sentencing. But there's a limit on what these statements can say.

The defendant cannot use these affidavits to argue they didn't actually do the crime or to dispute the facts the jury already decided. That question is closed once the verdict comes in. Instead, the affidavits can only cover things that might soften the punishment, like personal circumstances, background, or reasons that explain the person's actions without denying they happened.

There's also a timing requirement. The defendant has to file these statements early enough that the prosecutor (the Attorney General or Solicitor) has a fair chance to respond before sentencing. This keeps things fair on both sides and stops last-minute surprises right before the judge decides on punishment.