Unit 3 AC2.2- Describe the trial process
● 20 minutes (4 marks)
● Describe in detail the stages of the trial process, including personnel involved
● Must include: pre-trial, bail, roles of personnel, plea bargaining, courts and appeals
Pre-trial Matters
● This refers to the decisions taken by the Magistrate’s Court prior to a trial
● Police and other law enforcement agencies investigate alleged crime by collecting evidence,
interviewing witnesses etc
● After initial arrest a suspect may be released on bail
● The CPS then decides whether there is sufficient evidence to charge the suspect- the suspect is
formally accused and given a charge sheet
● The suspect is then brought before a Magistrate’s Court for the hearing
● The matters includes: the plea, legal aid and bail
The Plea
● The plea is when the prosecution and defence gathers and exchanges evidence
● Before the trial starts, the defendant is asked to plead guilty or not guilty to the charge
○ Guilty pleas- the magistrate hears evidence of aggravating and mitigating factors, this may
influence the sentence, the sentence may be passed immediately or after consultation with
other people eg: probation officer, if the crime is too serious for the sentencing powers of a
Magistrates Court, the case is referred to the Crown Court
○ Not-guilty pleas- before the trial can proceed, the Magistrates needs to decide about reports,
bail and legal aid
Plea bargaining
● A plea bargain is an agreement between the prosecutor and the defendant (and sometimes the judge),
where the prosecutor offers some concession if the defendant agrees to plead guilty- the incentive to
plead guilty can potentially avoid the hassle of a lengthy trial
● The three main types of plea bargaining are:
a. Charge bargaining- the defendant pleads guilty to a less serious charge with a lighter sentence
b. Count bargaining- the defendant pleads guilty to one charge, in return for the others being
dropped
c. Sentence bargaining- the defendant pleads guilty to the original charge for a more lenient
sentence
Bail
● Bail is the temporary release of an accused person while they await trial, this is because all defendants
are presumed innocent until proven guilty
● The Bail Act 1976 presumes everyone has the right to bail
● A person can be released on bail when they are arrested but there is not yet enough evidence for a case
or after the charge of a minor crime
● People can be granted conditional or unconditional bail:
○ Unconditional- no conditions need to be followed during the bail period, but the suspect must
be present in court on the date and time given
○ Conditional- conditions need to be followed eg: not committing offences while on bail, attend
court when asked, not interfering with witnesses, have a curfew, residence, report to a
bail/police officer
● 20 minutes (4 marks)
● Describe in detail the stages of the trial process, including personnel involved
● Must include: pre-trial, bail, roles of personnel, plea bargaining, courts and appeals
Pre-trial Matters
● This refers to the decisions taken by the Magistrate’s Court prior to a trial
● Police and other law enforcement agencies investigate alleged crime by collecting evidence,
interviewing witnesses etc
● After initial arrest a suspect may be released on bail
● The CPS then decides whether there is sufficient evidence to charge the suspect- the suspect is
formally accused and given a charge sheet
● The suspect is then brought before a Magistrate’s Court for the hearing
● The matters includes: the plea, legal aid and bail
The Plea
● The plea is when the prosecution and defence gathers and exchanges evidence
● Before the trial starts, the defendant is asked to plead guilty or not guilty to the charge
○ Guilty pleas- the magistrate hears evidence of aggravating and mitigating factors, this may
influence the sentence, the sentence may be passed immediately or after consultation with
other people eg: probation officer, if the crime is too serious for the sentencing powers of a
Magistrates Court, the case is referred to the Crown Court
○ Not-guilty pleas- before the trial can proceed, the Magistrates needs to decide about reports,
bail and legal aid
Plea bargaining
● A plea bargain is an agreement between the prosecutor and the defendant (and sometimes the judge),
where the prosecutor offers some concession if the defendant agrees to plead guilty- the incentive to
plead guilty can potentially avoid the hassle of a lengthy trial
● The three main types of plea bargaining are:
a. Charge bargaining- the defendant pleads guilty to a less serious charge with a lighter sentence
b. Count bargaining- the defendant pleads guilty to one charge, in return for the others being
dropped
c. Sentence bargaining- the defendant pleads guilty to the original charge for a more lenient
sentence
Bail
● Bail is the temporary release of an accused person while they await trial, this is because all defendants
are presumed innocent until proven guilty
● The Bail Act 1976 presumes everyone has the right to bail
● A person can be released on bail when they are arrested but there is not yet enough evidence for a case
or after the charge of a minor crime
● People can be granted conditional or unconditional bail:
○ Unconditional- no conditions need to be followed during the bail period, but the suspect must
be present in court on the date and time given
○ Conditional- conditions need to be followed eg: not committing offences while on bail, attend
court when asked, not interfering with witnesses, have a curfew, residence, report to a
bail/police officer
