Criminology Unit 3: AC. 2.2 Describe trial processes (4 marks)
There’re three types of criminal offences: Indictable, Triable either way, and Summary.
Indictable offences ate the most serious crimes and go to the crown court to be tried by a
judge and jury, after having a preliminary hearing at the magistrate court. Examples of this
offence include murder, manslaughter and rape. Triable either way offences can go to the
magistrate’s court or the crown court depending on their seriousness, as the judge in a
crown court has higher sentencing powers but the chance of being acquitted by a jury is
higher than that of a trial in a magistrates’ court. Examples of offences include burglary, theft
and assault occasioning actual bodily harm. Summary offences are minor less serious
crimes that can on be tried in a magistrates’ court and include motor crimes, and assaults
without injury.
Pre-trial
Pre- trial matters are all the decisions the magistrates’ court takes before a trial is held and it
includes the plea. Before the trial begins the defendant is asked to plead guilty or not guilty.
For guilty pleas, the defendant can be sentenced immediately. In the case of a serious
offence, the defendant may be brought back for sentencing at a later date, and could be sent
up to the Crown Court if the magistrates’ powers to sentence are insufficient. For not guilty
pleas, the case will be adjourned for a pre-trial hearing. If the offence is triable either way,
the defendant who pleads not guilty can elect to be tried by jury in the Crown Court.
Plea Bargaining
Plea Bargaining is a pre-trial arrangement agreed by the prosecution and defence or the
judge as an incentive for the defendant to plead guilty, resulting in some sort of concession
from the prosecution. This can help the prosecutor obtain a conviction, particularly in cases
where the defendant is facing serious charges, and it saves time and resources instead of
going through a lengthy trial process, and it avoids the defendant avoids the risk of a more
serious conviction. More than 90% of convictions come from negotiated pleas, meaning less
than 10% of criminal cases end up in trials.
Bail
Bail is the temporary release from custody whilst a accused person is awaiting trial.
Everyone has the right to bail due to section 4 of the Bail Act 1976 as it is presumed
everyone is innocent till proven guilty. A person can be granted bail (by the police and the
courts) at any point after being arrested by the police, such as before charge or pending
hearing. Bails can be unconditional, which is where the court imposes no conditions except
to attend court as required. Or they can be conditional, where the court imposes conditions
that the defendant must agree to before being released, such as curfew, reporting,
residence, and not to contact witnesses. These conditions can be issued is the police/courts
are not confident that the individual will answer to bail. Bail may be refused by a court if the
defendant: is likely to fail to surrender to bail; has previously denied bail or failed to meet bail
conditions; is likely to commit an offence whilst on bail; could obstruct the course of justice;
is charged with a serious offence such as murder; needs to be in custody for their own
protection.
There’re three types of criminal offences: Indictable, Triable either way, and Summary.
Indictable offences ate the most serious crimes and go to the crown court to be tried by a
judge and jury, after having a preliminary hearing at the magistrate court. Examples of this
offence include murder, manslaughter and rape. Triable either way offences can go to the
magistrate’s court or the crown court depending on their seriousness, as the judge in a
crown court has higher sentencing powers but the chance of being acquitted by a jury is
higher than that of a trial in a magistrates’ court. Examples of offences include burglary, theft
and assault occasioning actual bodily harm. Summary offences are minor less serious
crimes that can on be tried in a magistrates’ court and include motor crimes, and assaults
without injury.
Pre-trial
Pre- trial matters are all the decisions the magistrates’ court takes before a trial is held and it
includes the plea. Before the trial begins the defendant is asked to plead guilty or not guilty.
For guilty pleas, the defendant can be sentenced immediately. In the case of a serious
offence, the defendant may be brought back for sentencing at a later date, and could be sent
up to the Crown Court if the magistrates’ powers to sentence are insufficient. For not guilty
pleas, the case will be adjourned for a pre-trial hearing. If the offence is triable either way,
the defendant who pleads not guilty can elect to be tried by jury in the Crown Court.
Plea Bargaining
Plea Bargaining is a pre-trial arrangement agreed by the prosecution and defence or the
judge as an incentive for the defendant to plead guilty, resulting in some sort of concession
from the prosecution. This can help the prosecutor obtain a conviction, particularly in cases
where the defendant is facing serious charges, and it saves time and resources instead of
going through a lengthy trial process, and it avoids the defendant avoids the risk of a more
serious conviction. More than 90% of convictions come from negotiated pleas, meaning less
than 10% of criminal cases end up in trials.
Bail
Bail is the temporary release from custody whilst a accused person is awaiting trial.
Everyone has the right to bail due to section 4 of the Bail Act 1976 as it is presumed
everyone is innocent till proven guilty. A person can be granted bail (by the police and the
courts) at any point after being arrested by the police, such as before charge or pending
hearing. Bails can be unconditional, which is where the court imposes no conditions except
to attend court as required. Or they can be conditional, where the court imposes conditions
that the defendant must agree to before being released, such as curfew, reporting,
residence, and not to contact witnesses. These conditions can be issued is the police/courts
are not confident that the individual will answer to bail. Bail may be refused by a court if the
defendant: is likely to fail to surrender to bail; has previously denied bail or failed to meet bail
conditions; is likely to commit an offence whilst on bail; could obstruct the course of justice;
is charged with a serious offence such as murder; needs to be in custody for their own
protection.
