2.2 Describe the trial process
Types of criminal offences
Within the criminal system, there are 3 types of offences: indictable, triable either
way and summary offences.
Indictable offences are the most serious, and include things like murder or rape;
these cases are tried in crown court.
Triable either way cases can go either to the magistrates or crown court depending
on the severity of the offence. For example, theft in a corner shop would go to a
magistrates court, but theft of a car would go to crown court.
Finally, summary offences are minor offences such as motor crimes or assault, and
these go to and stay in the magistrates court.
Pre-trial matters
Pre-trial matters are all the decisions which the magistrates court takes before the
trial is held. There are numerous matters which must be dealt with before the trial.
The pre-trial review is a hearing usually up to 10 weeks before the trial in which it is
checked that all parties have complied with court orders and directions, whether
evidence will be admissible and gives directions on the conduct of the trial.
The plea
Before the trial begins, the defendant will be read out of the charges against them
and asked to plead guilty or not guilty. If the defendant pleads guilty, the
magistrates will hear the evidence which makes the offence more or less serious.
Following this, a sentence may be passed immediately or they may adjourn the
case for reports before sentencing at a later date. For a not guilty plea, the
magistrates must make decisions about the reports, legal aid and bail before the
trial may continue.
In court, the prosecution will be represented by the CPS also known as the Crown
prosecution service. Their role is to present the evidence and facts of a case. The
defendant, especially in serious offences, will have legal representation either in the
form of a solicitor in magistrates court or a barrister in a crown court. Their role is to
represent clients in disputes or in court, in either the defence or prosecution of an
individual.
Types of criminal offences
Within the criminal system, there are 3 types of offences: indictable, triable either
way and summary offences.
Indictable offences are the most serious, and include things like murder or rape;
these cases are tried in crown court.
Triable either way cases can go either to the magistrates or crown court depending
on the severity of the offence. For example, theft in a corner shop would go to a
magistrates court, but theft of a car would go to crown court.
Finally, summary offences are minor offences such as motor crimes or assault, and
these go to and stay in the magistrates court.
Pre-trial matters
Pre-trial matters are all the decisions which the magistrates court takes before the
trial is held. There are numerous matters which must be dealt with before the trial.
The pre-trial review is a hearing usually up to 10 weeks before the trial in which it is
checked that all parties have complied with court orders and directions, whether
evidence will be admissible and gives directions on the conduct of the trial.
The plea
Before the trial begins, the defendant will be read out of the charges against them
and asked to plead guilty or not guilty. If the defendant pleads guilty, the
magistrates will hear the evidence which makes the offence more or less serious.
Following this, a sentence may be passed immediately or they may adjourn the
case for reports before sentencing at a later date. For a not guilty plea, the
magistrates must make decisions about the reports, legal aid and bail before the
trial may continue.
In court, the prosecution will be represented by the CPS also known as the Crown
prosecution service. Their role is to present the evidence and facts of a case. The
defendant, especially in serious offences, will have legal representation either in the
form of a solicitor in magistrates court or a barrister in a crown court. Their role is to
represent clients in disputes or in court, in either the defence or prosecution of an
individual.
