Unit 3 2.2 miss johannes
Describe the trial process
Types of criminal offence
There are types of criminal offence in terms of their seriousness and where they can be tried:
● Indictable offences are serious crimes e.g treason, murder, rape, robbery and GBH.
These must be tried in the crown court, although the first hearing will be in a magistrates
court.
● Summary offences are less serious cases e.g motoring offences & assaults without
injury. These are usually tired in a magistrates court.
● Triable either way offences (also, hybrid offences). They include theft, fraud, burglary,
handling stolen goods, assault occasioning actual bodily harm and criminal damage.
These can be tried in either a magistrates or crown court.
Pre trial matters
Pre trial matters are all the decisions that the magistrates court takes before a trial is held.
There are several matters to deal with before the trial.
The pre-trial review usually deals with points of law such as whether certain evidence is
admissible.
The plea
Before the trial begins, the defendant will be read out the charge and asked to plead guilty or
not guilty.
● For guilty pleas,the magistrates hear evidence of aggravating and mitigating factors
( ones that make the offence more serious or less serious). Thye then either pass
sentence immediately or adjourn the case for reports. (e.g from a probation officer)
before sentencing at a later date. If the offence is too serious for their sentencing
powers, they will send it to the crown court for sentencing.
● For not guilty pleas, the magistrate must make decisions about reports, legal and bail
before the trial can go ahead.
Plea bargaining
A plea bargain is an agreement between the prosecutor and the defendant (& sometimes also
the judge), where the defendant agrees to plead guilty in return for some concession from the
prosecutor. A plea bargain may therefore have been struck before the case goes to court.
There are 3 main types of plea bargain:
● Charge bargaining, where the defendant pleads guilty to a less serious charge, and
therefore receives a lighter sentence.
● Counter bargaining, where the defendant pleads guilty to one charge, in return for
others being dropped.
● Sentence bargaining, where the defendant pleads guilty to the original charge, in return
for a more lenient sentence.
, Plea bargaining may offer the defendant an incentive to plead guilty and will avoid a potentially
lengthy trial. However, critics argue that unregulated plea bargaining can apply undue pressures
to defendants and undermine their right to a fair trial. E.g the prosecution may file additional or
more serious charges, with the aim of bluffing or frightening the defendant into agreeing to plead
guilty to a lesser offence.
Legal aid
A basic principle of the legal system is equal access to justice, regardless of a person's wealth,
legal aid exists to enable individuals to defend themselves if they cannot afford to pay for a
lawyer. The legal aid agency helps with the cost of legal advice and representation.
For summary offences, the defendant will be able to talk to a duty solicitor to discuss his plea
and the evidence against him. For all not guilty pleas defendants will be given legal aid and
representation in all court hearings.
Bail
Bail is the temporary release of an accused person while they are awaiting trial. Because all
defendants are presumed innocent until proven guilty, section 4 of the bail act 1976makeds a
general presumption that the court can also grant bail after the plea has been made.
There are 2 types of bail:
● Unconditional bail is where the court imposes no conditions except to attend court as
required.
● Conditional bail is where the court imposes conditions that the defendant must agree to
before being released, e.g report to the police station every day, a curfew, surrender
passport etc.
Remand in custody if the court refuses bail or the defendant breaches the conditions, he may
be remanded in custody (sent to prison) until his trial.
Refusal of bail
The court may refuse bail if the defendant:
● Is likely to fail to surrender to bail e.g fail to turn up in court
● Has been previously denied bail or failed to meet bail conditions
● Is likely to commit an offence while on bail
● Could obstruct the course of justice e.g interfering with a witness
● Is charged with a serious offence e.g murder
● Needs to be in custody for their own protection
The magistrates will also consider factors e.g the defendant's character (inc previous
convictions), background, associates, drug use etc. and the strength of the evidence against
him. If bail is refused, the magistrates must explain why.
Describe the trial process
Types of criminal offence
There are types of criminal offence in terms of their seriousness and where they can be tried:
● Indictable offences are serious crimes e.g treason, murder, rape, robbery and GBH.
These must be tried in the crown court, although the first hearing will be in a magistrates
court.
● Summary offences are less serious cases e.g motoring offences & assaults without
injury. These are usually tired in a magistrates court.
● Triable either way offences (also, hybrid offences). They include theft, fraud, burglary,
handling stolen goods, assault occasioning actual bodily harm and criminal damage.
These can be tried in either a magistrates or crown court.
Pre trial matters
Pre trial matters are all the decisions that the magistrates court takes before a trial is held.
There are several matters to deal with before the trial.
The pre-trial review usually deals with points of law such as whether certain evidence is
admissible.
The plea
Before the trial begins, the defendant will be read out the charge and asked to plead guilty or
not guilty.
● For guilty pleas,the magistrates hear evidence of aggravating and mitigating factors
( ones that make the offence more serious or less serious). Thye then either pass
sentence immediately or adjourn the case for reports. (e.g from a probation officer)
before sentencing at a later date. If the offence is too serious for their sentencing
powers, they will send it to the crown court for sentencing.
● For not guilty pleas, the magistrate must make decisions about reports, legal and bail
before the trial can go ahead.
Plea bargaining
A plea bargain is an agreement between the prosecutor and the defendant (& sometimes also
the judge), where the defendant agrees to plead guilty in return for some concession from the
prosecutor. A plea bargain may therefore have been struck before the case goes to court.
There are 3 main types of plea bargain:
● Charge bargaining, where the defendant pleads guilty to a less serious charge, and
therefore receives a lighter sentence.
● Counter bargaining, where the defendant pleads guilty to one charge, in return for
others being dropped.
● Sentence bargaining, where the defendant pleads guilty to the original charge, in return
for a more lenient sentence.
, Plea bargaining may offer the defendant an incentive to plead guilty and will avoid a potentially
lengthy trial. However, critics argue that unregulated plea bargaining can apply undue pressures
to defendants and undermine their right to a fair trial. E.g the prosecution may file additional or
more serious charges, with the aim of bluffing or frightening the defendant into agreeing to plead
guilty to a lesser offence.
Legal aid
A basic principle of the legal system is equal access to justice, regardless of a person's wealth,
legal aid exists to enable individuals to defend themselves if they cannot afford to pay for a
lawyer. The legal aid agency helps with the cost of legal advice and representation.
For summary offences, the defendant will be able to talk to a duty solicitor to discuss his plea
and the evidence against him. For all not guilty pleas defendants will be given legal aid and
representation in all court hearings.
Bail
Bail is the temporary release of an accused person while they are awaiting trial. Because all
defendants are presumed innocent until proven guilty, section 4 of the bail act 1976makeds a
general presumption that the court can also grant bail after the plea has been made.
There are 2 types of bail:
● Unconditional bail is where the court imposes no conditions except to attend court as
required.
● Conditional bail is where the court imposes conditions that the defendant must agree to
before being released, e.g report to the police station every day, a curfew, surrender
passport etc.
Remand in custody if the court refuses bail or the defendant breaches the conditions, he may
be remanded in custody (sent to prison) until his trial.
Refusal of bail
The court may refuse bail if the defendant:
● Is likely to fail to surrender to bail e.g fail to turn up in court
● Has been previously denied bail or failed to meet bail conditions
● Is likely to commit an offence while on bail
● Could obstruct the course of justice e.g interfering with a witness
● Is charged with a serious offence e.g murder
● Needs to be in custody for their own protection
The magistrates will also consider factors e.g the defendant's character (inc previous
convictions), background, associates, drug use etc. and the strength of the evidence against
him. If bail is refused, the magistrates must explain why.
