Topic 2.2 - Describe the Trial Process (4 marks, 20 mins)
Types of criminal offence
Indictable offences - Serious offences such as murder, treason, rape, robbery and grievious bodily harm. Tried in the Crown Court.
Summary offences - Less serious offences such as motoring offences and assault without injury. Tried in a magistrates’ court.
Triable either way offences - Such as theft, fraud, burglary, handling stolen goods, assault occasioning actual bodily harm and criminal damage. Tried in
magistrates’ or Crown Court.
Pre-trial matters
All decisions that take place before the trial is held including the pre-trial review which deals with points of law such as if certain evidence is admissible.
The plea
Defendants will be read their charge and must decide to plead guilty or not guilty before trial starts.
Guilty pleas - Magistrates hear evidence of aggravating or mitigating factors and then pass the sentence. If the sentence is too serious then it will be
sent to the Crown Court.
Not guilty pleas - Magistrate must make decisions about reports, legal aid and bail before trial starts.
Plea Bargaining
This is an agreement between the prosecutor and the defendant. It means that the defendant will plead guilty if the prosecution offers a reward which is
beneficial to the defendant in return. Three main types.
Charge Bargaining - This means that the defendant will plead guilty to a lesser charge in order to get a shorter sentence.
Count Bargaining - This means the defendant will plead guilty to one offence they are being tried for, in return for the other charges being dropped.
Sentence Bargaining - This means the defendant will plead guilty to the charge in exchange for a lighter sentence.
Plea bargains are more generous in the early stages of prosecution as a way of encouraging the defendant to conclude the case earlier.
Plea bargaining encourages the defendant to plead guilty, which is beneficial for the prosecution as it means a costly and time consuming trial is avoided.
However, it can be argued that the process of plea bargaining undermines peoples right to a fair trial and so it is unfair. Because prosecution could claim
that they will add additional charges for example, if the defendant doesn’t accept the plea bargain, and so they are being unfairly pressured.
Legal aid
Everyone has equal access to justice regardless of wealth. Legal aids help people defend themselves if they can't afford a lawyer. It helps with costs of legal
advice and representation. For summary offences the defendant can talk to a duty solicitor to discuss plea and evidence against them.
Bail
This is the temporary release of someone who has been accused of a crime while they are waiting for their trial as all defendants are innocent until
proven guilty. The Bail Act 1976 Section 4 gives a general right of bail. Bail be refused if there is a risk of the person absconding, reoffending, or
interfering with the witnesses.
Unconditional Bail - Court gives no conditions except to go to court when required.
Types of criminal offence
Indictable offences - Serious offences such as murder, treason, rape, robbery and grievious bodily harm. Tried in the Crown Court.
Summary offences - Less serious offences such as motoring offences and assault without injury. Tried in a magistrates’ court.
Triable either way offences - Such as theft, fraud, burglary, handling stolen goods, assault occasioning actual bodily harm and criminal damage. Tried in
magistrates’ or Crown Court.
Pre-trial matters
All decisions that take place before the trial is held including the pre-trial review which deals with points of law such as if certain evidence is admissible.
The plea
Defendants will be read their charge and must decide to plead guilty or not guilty before trial starts.
Guilty pleas - Magistrates hear evidence of aggravating or mitigating factors and then pass the sentence. If the sentence is too serious then it will be
sent to the Crown Court.
Not guilty pleas - Magistrate must make decisions about reports, legal aid and bail before trial starts.
Plea Bargaining
This is an agreement between the prosecutor and the defendant. It means that the defendant will plead guilty if the prosecution offers a reward which is
beneficial to the defendant in return. Three main types.
Charge Bargaining - This means that the defendant will plead guilty to a lesser charge in order to get a shorter sentence.
Count Bargaining - This means the defendant will plead guilty to one offence they are being tried for, in return for the other charges being dropped.
Sentence Bargaining - This means the defendant will plead guilty to the charge in exchange for a lighter sentence.
Plea bargains are more generous in the early stages of prosecution as a way of encouraging the defendant to conclude the case earlier.
Plea bargaining encourages the defendant to plead guilty, which is beneficial for the prosecution as it means a costly and time consuming trial is avoided.
However, it can be argued that the process of plea bargaining undermines peoples right to a fair trial and so it is unfair. Because prosecution could claim
that they will add additional charges for example, if the defendant doesn’t accept the plea bargain, and so they are being unfairly pressured.
Legal aid
Everyone has equal access to justice regardless of wealth. Legal aids help people defend themselves if they can't afford a lawyer. It helps with costs of legal
advice and representation. For summary offences the defendant can talk to a duty solicitor to discuss plea and evidence against them.
Bail
This is the temporary release of someone who has been accused of a crime while they are waiting for their trial as all defendants are innocent until
proven guilty. The Bail Act 1976 Section 4 gives a general right of bail. Bail be refused if there is a risk of the person absconding, reoffending, or
interfering with the witnesses.
Unconditional Bail - Court gives no conditions except to go to court when required.
