2.2
Describe trial processes
Criminal offences can split up into three different types. Indictable offences are the most
serious types of crimes, for example murder. These offences will initially be heard in the
magistrates court but have to be heard in the crown court. On the other hand 95% of
offences will be heard in the magistrates court and these will be known as summary
offences. For example, motoring and speeding. Finally, triable either way offences can be
heard in either court, for example fraud and ABH.
Pre-trial
The decision a magistrates court will take before a trial begins is called pre-trial. The role of
the magistrates is to hear trials and give summary offences. If someone is not guilty, a pre-
trial review will be done to see what evidence is classed as admissible. The plea normally
takes place in the magistrates court and before a trial takes place the defendant will read out
the charge. The defendant will then be asked if they plead guilty or not. For guilty pleas the
magistrates court will hear about the aggravating and mitigating circumstances and then
decide on a suspect’s sentence. However, if a case is too serious then it will go straight to
the magistrates court. If a defendant pleads not guilty, then the magistrates will make a
decision about legal aid, reports and bail. A prosecution solicitor will be at the magistrates
court. Their role is to make sure all the evidence was gathered correctly and is admissible.
Plea bargaining is an agreement made between a prosecutor and a defendant. The
defendant will have to agree to plead guilty for a concession. The prosecution is represented
by lawyers that are from the cps and the role of the cps is to prosecute criminal cases. There
are three different types of plea bargaining. Charge bargaining is where an offender will
plead guilty to a less serious offence than the one they were originally charged with. Count
bargaining is where an offender will plead guilty for one charge in exchange for their other
charges to be dropped. Finally, sentence bargaining is when an offender will plead guilty to
their first charge. For all not guilty pleas a defendant will be given legal aid. The role of the
legal aid agency is to make sure all defendants are covered financially in order to be able to
pay for a lawyer. For summary offences defendants can talk to a duty solicitor with regards
to their plea. Their role is to protect the rights of the defendant.
Bail
Bail is the temporary release of a suspect before a trial takes place. The suspect is released
until the trial date takes place and it is the role of the police to give out bail and under certain
circumstances. The role of the police is to attend emergency calls and criminal cases. A
suspect will be innocent until they are proven guilty and this is under the bail act section 4
1976. Bail can originally be rejected if the police do not know a suspect address. Bail can be
unidirectional where no conditions are imposed apart from the fact that the suspect has to
attend court on a certain date. Or it can be conditional where certain needs need to be met.
For example, curfew or the suspect may be banned from visiting witnesses. The magistrates
court will take into consideration some factors as to whether or not to grant bail. For example
the defendant's character and how likely they are going to be to commit another crime. Bail
can be refused if the defendant feels they will break the conditions.
Describe trial processes
Criminal offences can split up into three different types. Indictable offences are the most
serious types of crimes, for example murder. These offences will initially be heard in the
magistrates court but have to be heard in the crown court. On the other hand 95% of
offences will be heard in the magistrates court and these will be known as summary
offences. For example, motoring and speeding. Finally, triable either way offences can be
heard in either court, for example fraud and ABH.
Pre-trial
The decision a magistrates court will take before a trial begins is called pre-trial. The role of
the magistrates is to hear trials and give summary offences. If someone is not guilty, a pre-
trial review will be done to see what evidence is classed as admissible. The plea normally
takes place in the magistrates court and before a trial takes place the defendant will read out
the charge. The defendant will then be asked if they plead guilty or not. For guilty pleas the
magistrates court will hear about the aggravating and mitigating circumstances and then
decide on a suspect’s sentence. However, if a case is too serious then it will go straight to
the magistrates court. If a defendant pleads not guilty, then the magistrates will make a
decision about legal aid, reports and bail. A prosecution solicitor will be at the magistrates
court. Their role is to make sure all the evidence was gathered correctly and is admissible.
Plea bargaining is an agreement made between a prosecutor and a defendant. The
defendant will have to agree to plead guilty for a concession. The prosecution is represented
by lawyers that are from the cps and the role of the cps is to prosecute criminal cases. There
are three different types of plea bargaining. Charge bargaining is where an offender will
plead guilty to a less serious offence than the one they were originally charged with. Count
bargaining is where an offender will plead guilty for one charge in exchange for their other
charges to be dropped. Finally, sentence bargaining is when an offender will plead guilty to
their first charge. For all not guilty pleas a defendant will be given legal aid. The role of the
legal aid agency is to make sure all defendants are covered financially in order to be able to
pay for a lawyer. For summary offences defendants can talk to a duty solicitor with regards
to their plea. Their role is to protect the rights of the defendant.
Bail
Bail is the temporary release of a suspect before a trial takes place. The suspect is released
until the trial date takes place and it is the role of the police to give out bail and under certain
circumstances. The role of the police is to attend emergency calls and criminal cases. A
suspect will be innocent until they are proven guilty and this is under the bail act section 4
1976. Bail can originally be rejected if the police do not know a suspect address. Bail can be
unidirectional where no conditions are imposed apart from the fact that the suspect has to
attend court on a certain date. Or it can be conditional where certain needs need to be met.
For example, curfew or the suspect may be banned from visiting witnesses. The magistrates
court will take into consideration some factors as to whether or not to grant bail. For example
the defendant's character and how likely they are going to be to commit another crime. Bail
can be refused if the defendant feels they will break the conditions.
