AC 2.2 Understand the process for prosecution of
suspects
4 MARKS = 20 MINUTES
- Each trial processes: pre-trial, bail, roles, plea bargaining, courts and
appeals
Pre-trial matters:
Pre-trial matters are defined as the sequences of legal events taken after a person is first
charged but before the trial begins. These events are crucial for both sides (defence and
prosecution) as it vitally important to ensure the case is handled without bias and efficiently,
this can have a significant impact on how the case will proceed. The types of offences are
summary, triable and indictable. Summary offences include crimes such as driving offences
and minor assaults. The case for a summary offence will be heard and dealt with in the
magistrates court, the act that is responsible for this is the Magistrates’ Court Act 1980.
Triable either way offences are those that can be tried in either a magistrates court or a
crown court depending on the severity, examples of these offences include assault causing
bodily harm and theft. The case starts in the magistrates court but then depending on if it's
less severe, it will be tried in the magistrates court but if it's more severe or the defendant
requests a jury trial, it will be tried in crown court, the legislation that constitutes this is the
Criminal Procedure and Investigations Act 1996. Indictable offences are serious crimes such
as murder and rape. A preliminary hearing is first held at the magistrates court, but a crown
court will deal with it; the legislation that is responsible for this is the Crime and Disorder Act
1998. Plea bargaining is a negotiation between defence and prosecution for a reduced
sentence or lesser charge, while very rare in summary offences, it is common in both triable
either way and indictable offences. By pleading guilty and bargaining it saves time for court
so they can handle more serious offences and is the favoured option for the prosecution. It
can reduce up to a third of your sentence. You make your plea at your first appearance in
court, often called the arraignment, this is when the defence must decide whether to plead
guilty or not guilty and the defendant is formally charged. The process of making a plea is
governed by the Criminal Procedure Rules 2020. For both summary and triable either way
offences, plea is decided in magistrates court, this process is known as the plea before
venue. When pleading guilty for a summary offence the sentencing will happen in the
magistrates court, similarly when pleading not-guilty a date of the trial will be scheduled for
the magistrates court. With triable either way offences, when pleading guilty depending on
the severity, sentencing will take place in magistrates court for less serious offences and in
crown court for more serious offences. Again depending on the severity, when pleading not-
guilty, a case might be sent to trial in the magistrates or the crown court, the defendant can
request a jury trial in crown court, however this can be denied. For indictable offences, their
plea is held in crown court, this event is known as the Plea and Trial Preparation Hearing.
For both guilty and non guilty pleas with indictable offences take place in Crown Court. The
legal aid, sentencing and punishment of offenders act 2012 introduced new financial
eligibility for legal aid. Legal aid is payment offered for those who cannot afford legal
representation. The eligibility for this is assessed by looking at the defendants gross income,
disposable income and how much the assets they own are worth. Legal aid makes sure
everyone has access to a fair trial and legal personnel can help protect defendants rights in
court. Bail refers to the fact that someone is allowed to be free until their sentencing or trial,
suspects
4 MARKS = 20 MINUTES
- Each trial processes: pre-trial, bail, roles, plea bargaining, courts and
appeals
Pre-trial matters:
Pre-trial matters are defined as the sequences of legal events taken after a person is first
charged but before the trial begins. These events are crucial for both sides (defence and
prosecution) as it vitally important to ensure the case is handled without bias and efficiently,
this can have a significant impact on how the case will proceed. The types of offences are
summary, triable and indictable. Summary offences include crimes such as driving offences
and minor assaults. The case for a summary offence will be heard and dealt with in the
magistrates court, the act that is responsible for this is the Magistrates’ Court Act 1980.
Triable either way offences are those that can be tried in either a magistrates court or a
crown court depending on the severity, examples of these offences include assault causing
bodily harm and theft. The case starts in the magistrates court but then depending on if it's
less severe, it will be tried in the magistrates court but if it's more severe or the defendant
requests a jury trial, it will be tried in crown court, the legislation that constitutes this is the
Criminal Procedure and Investigations Act 1996. Indictable offences are serious crimes such
as murder and rape. A preliminary hearing is first held at the magistrates court, but a crown
court will deal with it; the legislation that is responsible for this is the Crime and Disorder Act
1998. Plea bargaining is a negotiation between defence and prosecution for a reduced
sentence or lesser charge, while very rare in summary offences, it is common in both triable
either way and indictable offences. By pleading guilty and bargaining it saves time for court
so they can handle more serious offences and is the favoured option for the prosecution. It
can reduce up to a third of your sentence. You make your plea at your first appearance in
court, often called the arraignment, this is when the defence must decide whether to plead
guilty or not guilty and the defendant is formally charged. The process of making a plea is
governed by the Criminal Procedure Rules 2020. For both summary and triable either way
offences, plea is decided in magistrates court, this process is known as the plea before
venue. When pleading guilty for a summary offence the sentencing will happen in the
magistrates court, similarly when pleading not-guilty a date of the trial will be scheduled for
the magistrates court. With triable either way offences, when pleading guilty depending on
the severity, sentencing will take place in magistrates court for less serious offences and in
crown court for more serious offences. Again depending on the severity, when pleading not-
guilty, a case might be sent to trial in the magistrates or the crown court, the defendant can
request a jury trial in crown court, however this can be denied. For indictable offences, their
plea is held in crown court, this event is known as the Plea and Trial Preparation Hearing.
For both guilty and non guilty pleas with indictable offences take place in Crown Court. The
legal aid, sentencing and punishment of offenders act 2012 introduced new financial
eligibility for legal aid. Legal aid is payment offered for those who cannot afford legal
representation. The eligibility for this is assessed by looking at the defendants gross income,
disposable income and how much the assets they own are worth. Legal aid makes sure
everyone has access to a fair trial and legal personnel can help protect defendants rights in
court. Bail refers to the fact that someone is allowed to be free until their sentencing or trial,
