AC2.2 - Describe the Trial Process
Basic Principles
- Main purpose is to ensure justice is carried out
- Criminal Procedure Rules 2005 sets out these aspects for justice: acquitting the
innocent and convicting the guilty, dealing with prosecution and defence fairly,
recognising the rights of defendant, respecting the interests of witnesses, victim and
jurors, dealing with the case efficiently and expeditiously
- Ensuring appropriate information is available to the court when bail and sentence are
considered
- Dealing with cases in ways that take into account: seriousness of offence alleged, the
complexity of what is in issue, the severity of the consequences for the defendant
and others affected, the needs of other cases
Before a case reaches the courtroom there are preliminary proceedings that take place.
Depending on the circumstances and result of preliminary proceedings, charges may be
dropped or the defendant may plead guilty. If either of these happen, there will be no trial.
Arrest and Charge
- When a police officer has reasonable grounds to believe that someone has
committed a crime, or an arrest warrant has been made, the officer can arrest them
- The suspect is then taken to the police station for them to be questioned further
- The custody officer records information of the suspect, the date, time and reason for
arrest.
- Fingerprints and other samples are also taken from the suspect and may later be
used as evidence in court
Procedures for either-way offences
- First hearing is in a Magistrates court as to where the case should be heard - ‘mode
of trial’ hearing
- The lawyers make case as to where they want the trial to be heard
- Magistrates Clerk and lawyers will explain to D: his choice of plea, if he pleads guilty
then they will proceed to sentence, if he pleads guilty may still be committed for
sentence to Crown Court (punishment)
- If he pleads not guilty then Magistrates have to decide if their sentencing powers are
enough
- If their powers are not sufficient then they send to Crown Court
- If they can hear the case D can still elect trial at the Crown Court – D has a choice
- D’s choice not straightforward: rates of acquittal on not guilty pleas are higher at jury
trial, many D’s feel they receive a fairer trial at Crown Court, believe that Magistrates
hear inadmissible evidence, are case hardened and accept police evidence
regardless of accuracy, jury trials have greater delays and greater defence cost,
, opting for court with greater sentencing powers, not always an easy choice and
needs legal advice, Entitled to ‘advance disclosure’ or ‘advance information’
Procedures for indictable offences
- Sending for trial passes quickly through Magistrates
- It is straightforward and they ask questions only on bail issues and who will fund D
- D then gets a sending for trial order
- 1st hearing is a PCMH (plea and case management hearing)
- Looks at the procedures and checks that the given date is workable
- Judge has managerial role here
D enters a plea – Guilty and sentencing can take place immediately - If he pleads not guilty
then the defence and prosecution have to inform court of the following:
- Any issues in the case
- Number of witnesses and order to be called
- Formal admissions during process
- Exhibits to be produced
- Documents used by D during trial
- Any contentious points of law
- Questions about admissibility of evidence
- Estimated length of trial
Bail
This is the temporary release of someone who has been accused of a crime while they are
waiting for their trial. This guarantees the suspect’s right to liberty contained in Article 5
ECHR and upholds the principle that people are innocent until proven guilty.
- The Bail Act 1976 gives a general right of bail
- Bail be refused if there is a risk of the person absconding, reoffending, or interfering
with the witnesses
- The decision to grant bail is decided by the custody officer under s38 Police and
Criminal Evidence Act 1984
- S25 Criminal Justice and Public Order Act 1994 & s56 Crime and Disorder Act 1998 -
the courts are barred from granting bail in cases of murder, manslaughter and rape
where the defendant has already served a sentence for a similar offence previously
- However this was found to be a breach of ECHR in the case of Caballero v UK
(2000)
Case Example - Paul McIntyre
- Recently released on bail after being charged with the murder of journalist Lyra
McKee
- He has to live under a curfew in Derry and report to the PSNI (Police Services of
Northern Ireland) on a daily basis
- He also can’t go 500m within any protest or police operation
Basic Principles
- Main purpose is to ensure justice is carried out
- Criminal Procedure Rules 2005 sets out these aspects for justice: acquitting the
innocent and convicting the guilty, dealing with prosecution and defence fairly,
recognising the rights of defendant, respecting the interests of witnesses, victim and
jurors, dealing with the case efficiently and expeditiously
- Ensuring appropriate information is available to the court when bail and sentence are
considered
- Dealing with cases in ways that take into account: seriousness of offence alleged, the
complexity of what is in issue, the severity of the consequences for the defendant
and others affected, the needs of other cases
Before a case reaches the courtroom there are preliminary proceedings that take place.
Depending on the circumstances and result of preliminary proceedings, charges may be
dropped or the defendant may plead guilty. If either of these happen, there will be no trial.
Arrest and Charge
- When a police officer has reasonable grounds to believe that someone has
committed a crime, or an arrest warrant has been made, the officer can arrest them
- The suspect is then taken to the police station for them to be questioned further
- The custody officer records information of the suspect, the date, time and reason for
arrest.
- Fingerprints and other samples are also taken from the suspect and may later be
used as evidence in court
Procedures for either-way offences
- First hearing is in a Magistrates court as to where the case should be heard - ‘mode
of trial’ hearing
- The lawyers make case as to where they want the trial to be heard
- Magistrates Clerk and lawyers will explain to D: his choice of plea, if he pleads guilty
then they will proceed to sentence, if he pleads guilty may still be committed for
sentence to Crown Court (punishment)
- If he pleads not guilty then Magistrates have to decide if their sentencing powers are
enough
- If their powers are not sufficient then they send to Crown Court
- If they can hear the case D can still elect trial at the Crown Court – D has a choice
- D’s choice not straightforward: rates of acquittal on not guilty pleas are higher at jury
trial, many D’s feel they receive a fairer trial at Crown Court, believe that Magistrates
hear inadmissible evidence, are case hardened and accept police evidence
regardless of accuracy, jury trials have greater delays and greater defence cost,
, opting for court with greater sentencing powers, not always an easy choice and
needs legal advice, Entitled to ‘advance disclosure’ or ‘advance information’
Procedures for indictable offences
- Sending for trial passes quickly through Magistrates
- It is straightforward and they ask questions only on bail issues and who will fund D
- D then gets a sending for trial order
- 1st hearing is a PCMH (plea and case management hearing)
- Looks at the procedures and checks that the given date is workable
- Judge has managerial role here
D enters a plea – Guilty and sentencing can take place immediately - If he pleads not guilty
then the defence and prosecution have to inform court of the following:
- Any issues in the case
- Number of witnesses and order to be called
- Formal admissions during process
- Exhibits to be produced
- Documents used by D during trial
- Any contentious points of law
- Questions about admissibility of evidence
- Estimated length of trial
Bail
This is the temporary release of someone who has been accused of a crime while they are
waiting for their trial. This guarantees the suspect’s right to liberty contained in Article 5
ECHR and upholds the principle that people are innocent until proven guilty.
- The Bail Act 1976 gives a general right of bail
- Bail be refused if there is a risk of the person absconding, reoffending, or interfering
with the witnesses
- The decision to grant bail is decided by the custody officer under s38 Police and
Criminal Evidence Act 1984
- S25 Criminal Justice and Public Order Act 1994 & s56 Crime and Disorder Act 1998 -
the courts are barred from granting bail in cases of murder, manslaughter and rape
where the defendant has already served a sentence for a similar offence previously
- However this was found to be a breach of ECHR in the case of Caballero v UK
(2000)
Case Example - Paul McIntyre
- Recently released on bail after being charged with the murder of journalist Lyra
McKee
- He has to live under a curfew in Derry and report to the PSNI (Police Services of
Northern Ireland) on a daily basis
- He also can’t go 500m within any protest or police operation
