AC2.2- Describe the trial process.
In a court, there are three different types of offences you may see: Summary
offences, triable either way offences, and indictable offences. Summary offenses
are the least serious offences, the ones most likely tried in Magistrate's court and are
things like assault, or motoring offences. Triable either way offences are as they
seem, they can be tried in either Magistrate’s or Crown Court depending on how serious
the offence is. Examples of triable either way offences are Section 20 GBH (Grievous
Bodily Harm), criminal damage, burglary, and fraud. And lastly, Indictable offences are
the most serious crimes, and are heard in Crown Court as they are crimes such as
murder, manslaughter, rape, or robbery.
The Pre-trial Process
The defendant and in some (hostile) cases a witness will be sent a summons, which
sets out the date that the defendant (or witness) will appear in court. Summonses are
usually sent out less than 6 months after the crime where possible and, aside from the
defendant, are generally given to people who would not appear to court of their own free
will (like a hostile witness). Before the summons, the suspect/defendant will be
charged, which is the formal accusation of someone for a crime, which is decided by
the prosecutor. This will happen after the defendant has been arrested and the CPS are
in possession of all the evidence and they will be given a charge sheet (which is also
read aloud to them).
The first step towards the actual trial is bail, which is where the defendant (may) be
released from police custody pending trial, but that release could likely come with
conditions, such as having a curfew and having to report back to a specific address
every evening. Bail is granted under the Bail Act of 1974, and if usually granted unless
the defendant fails to surrender to custody, commits an offence while on bail, interferes
with witnesses or makes other attempt to pervert the course of justice, the court decides
the defendant should be kept in custody for their own protection, if they are a child or
young person, or if they break the conditions of their bail. Provided the defendant meets
appropriate standards, bail can be granted by either the police or by the court (usually
magistrates).
As well as a bail hearing, there will be a Plea and Directions Hearing which are held
to identify how a defendant intends to plead at trial and to decide how the court will deal
with this. If the defendant plans to plead guilty, then the court adjourns, presentence
reports are given, and the judge sentences the offender. If the defendant pleads not
guilty then the court adjourns and a date is set for when the trial will begin. These
hearings take place in the appropriate court for the case; i.e. a summary offence’s plea
and directions hearing would take place in a Magistrate’s Court.
In a court, there are three different types of offences you may see: Summary
offences, triable either way offences, and indictable offences. Summary offenses
are the least serious offences, the ones most likely tried in Magistrate's court and are
things like assault, or motoring offences. Triable either way offences are as they
seem, they can be tried in either Magistrate’s or Crown Court depending on how serious
the offence is. Examples of triable either way offences are Section 20 GBH (Grievous
Bodily Harm), criminal damage, burglary, and fraud. And lastly, Indictable offences are
the most serious crimes, and are heard in Crown Court as they are crimes such as
murder, manslaughter, rape, or robbery.
The Pre-trial Process
The defendant and in some (hostile) cases a witness will be sent a summons, which
sets out the date that the defendant (or witness) will appear in court. Summonses are
usually sent out less than 6 months after the crime where possible and, aside from the
defendant, are generally given to people who would not appear to court of their own free
will (like a hostile witness). Before the summons, the suspect/defendant will be
charged, which is the formal accusation of someone for a crime, which is decided by
the prosecutor. This will happen after the defendant has been arrested and the CPS are
in possession of all the evidence and they will be given a charge sheet (which is also
read aloud to them).
The first step towards the actual trial is bail, which is where the defendant (may) be
released from police custody pending trial, but that release could likely come with
conditions, such as having a curfew and having to report back to a specific address
every evening. Bail is granted under the Bail Act of 1974, and if usually granted unless
the defendant fails to surrender to custody, commits an offence while on bail, interferes
with witnesses or makes other attempt to pervert the course of justice, the court decides
the defendant should be kept in custody for their own protection, if they are a child or
young person, or if they break the conditions of their bail. Provided the defendant meets
appropriate standards, bail can be granted by either the police or by the court (usually
magistrates).
As well as a bail hearing, there will be a Plea and Directions Hearing which are held
to identify how a defendant intends to plead at trial and to decide how the court will deal
with this. If the defendant plans to plead guilty, then the court adjourns, presentence
reports are given, and the judge sentences the offender. If the defendant pleads not
guilty then the court adjourns and a date is set for when the trial will begin. These
hearings take place in the appropriate court for the case; i.e. a summary offence’s plea
and directions hearing would take place in a Magistrate’s Court.
