AC2.2 Describe Trial Processes
Types of criminal offences
There are 3 main types of criminal offences: summary offences; triable either way offences
and indictable offences. Summary offences are the least serious types of offences which can
include things like assault, battery and motoring offences. Summary offences always start in
the magistrates court and can progress onto higher courts if the magistrates feel as though
their sentencing powers don’t suffice. Triable either way offences are offences that are triable
in either the crown or magistrates court and can include things like theft, burglary and
assault. The judge in the crown court has higher sentencing powers than magistrates
however there is a higher chance of being acquitted by a jury than in a trial in the
magistrates court. Indictable offences are the most serious types of offences and include
things like rape, murder, robbery and manslaughter. They start in the magistrates court but
must be tried in a crown court.
Magistrates court
The magistrates court is made up of 3 magistrates and a magistrates clerk. The magistrates
hear and make a decision on the case, they are not legally trained and so they are appointed
a clerk who advises the magistrates on the law. The role of the prosecutor in the case is to
prove their case beyond all reasonable doubt; if the magistrates believe their sentencing
powers do not suffice for the seriousness of the case, they will pass the case onto the crown
court. Magistrates sentencing powers are limited to 6 months imprisonment and/or up to a
£5,000 fine. All criminal cases start in the magistrates court, about 95% of them stay there
whereas the rest proceed onto the crown court.
Crown court
The crown court is only used when the charge is an indictable offence, triable either way
offence or if the magistrates pass the case on as they believe their sentencing powers don’t
suffice. If the defendant pleads not guilty to the charge, a jury trial will be arranged. The
judge on the case advises the jury on the law and explains trial procedures to ensure a fair
trial. The jury listens to the evidence presented from the prosecution and defence and must
then decide, in secret, a verdict. If the defendant is found guilty by the jury, the judge will use
past precedent and sentencing guidelines to decide an appropriate sentence. In rare
circumstances, a judge can sit alone without a jury under the criminal justice act 2003.
Court of Appeal (criminal division)
A defendant cannot appeal a verdict if they plead guilty to the crime however, if they went to
trial and are unhappy with their sentence, they may follow the appeal process to apply for
their case to be heard by the court of appeal. The court decides if the verdict made was a
safe verdict, meaning there was no signs of jury bribing or witnesses tampering. The case is
reheard by a judge without a jury meaning it is solely up to the judge to decide the outcome.
The court of appeal doesn’t retry a case however it has the power to dismiss the verdict or
increase/decrease the sentence given.
The Supreme Court
The supreme court is at the very top of the court hierarchy and binds all courts below it by
the decisions it makes. The court consists of 12 law lords and an odd number of these hear
the cases. A case only makes it to the supreme court if it is a matter of public importance or
Types of criminal offences
There are 3 main types of criminal offences: summary offences; triable either way offences
and indictable offences. Summary offences are the least serious types of offences which can
include things like assault, battery and motoring offences. Summary offences always start in
the magistrates court and can progress onto higher courts if the magistrates feel as though
their sentencing powers don’t suffice. Triable either way offences are offences that are triable
in either the crown or magistrates court and can include things like theft, burglary and
assault. The judge in the crown court has higher sentencing powers than magistrates
however there is a higher chance of being acquitted by a jury than in a trial in the
magistrates court. Indictable offences are the most serious types of offences and include
things like rape, murder, robbery and manslaughter. They start in the magistrates court but
must be tried in a crown court.
Magistrates court
The magistrates court is made up of 3 magistrates and a magistrates clerk. The magistrates
hear and make a decision on the case, they are not legally trained and so they are appointed
a clerk who advises the magistrates on the law. The role of the prosecutor in the case is to
prove their case beyond all reasonable doubt; if the magistrates believe their sentencing
powers do not suffice for the seriousness of the case, they will pass the case onto the crown
court. Magistrates sentencing powers are limited to 6 months imprisonment and/or up to a
£5,000 fine. All criminal cases start in the magistrates court, about 95% of them stay there
whereas the rest proceed onto the crown court.
Crown court
The crown court is only used when the charge is an indictable offence, triable either way
offence or if the magistrates pass the case on as they believe their sentencing powers don’t
suffice. If the defendant pleads not guilty to the charge, a jury trial will be arranged. The
judge on the case advises the jury on the law and explains trial procedures to ensure a fair
trial. The jury listens to the evidence presented from the prosecution and defence and must
then decide, in secret, a verdict. If the defendant is found guilty by the jury, the judge will use
past precedent and sentencing guidelines to decide an appropriate sentence. In rare
circumstances, a judge can sit alone without a jury under the criminal justice act 2003.
Court of Appeal (criminal division)
A defendant cannot appeal a verdict if they plead guilty to the crime however, if they went to
trial and are unhappy with their sentence, they may follow the appeal process to apply for
their case to be heard by the court of appeal. The court decides if the verdict made was a
safe verdict, meaning there was no signs of jury bribing or witnesses tampering. The case is
reheard by a judge without a jury meaning it is solely up to the judge to decide the outcome.
The court of appeal doesn’t retry a case however it has the power to dismiss the verdict or
increase/decrease the sentence given.
The Supreme Court
The supreme court is at the very top of the court hierarchy and binds all courts below it by
the decisions it makes. The court consists of 12 law lords and an odd number of these hear
the cases. A case only makes it to the supreme court if it is a matter of public importance or
