AC2.2
Describe Trial Process
Types Of Offences
There are 3 types of offences, summary, indictable and triable either way. Summary
offences are of low severity and are tried in magistrates court (for example, common assault
and most driving offences). Indictable offences are the most serious offences and are tried
in the Crown Court (for example, murder or rape). Triable either way offences can be tried
in magistrates court, however if deemed too serious for magistrates to deal with, then they
are sent to crown court (for example, sexual offences or drug offences).
Pre-trial
Before a trial starts, the defendant is read the charges in magistrates and crown court, and
are asked for their plea. If guilty, magistrates will hear the mitigating/ aggravating factors,
pass the sentence immediately or if the offence is too serious then pass the case onto the
Crown Court for sentencing. If not guilty, magistrates make decisions about legal aid,
reports and bail before the trial starts.
Plea-Bargaining
There is an agreement between the prosecution and defendant may plead guilty in
exchange for an incentive. One incentive is charge bargaining, which is where the D pleads
guilty to a less serious charge in exchange for a less serious punishment. Count bargaining is
where the D pleads guilty to one charge, in exchange for other charges to be dropped.
Sentencing bargaining is where the D pleads guilty to the original charge to receive a lighter
sentence.
Case – sentence bargaining – Gary Ridgeway
Gary Ridgeway (the Green River Killer) pleaded guilty to 48 murders in a plea deal, in return
for the prosecution agreeing to not pursue the death penalty.
Bail
Bail is when you are released from custody until your trial begins, this can be given at the
police station or from court. Bail from a police station means you can be released from
custody until your first hearing. Bail from court will mean you are on bail until your trial
begins. Whilst on bail, you may agree to conditions such as, living at a particular address,
handing your passport into the police or not contacting certain people. If you break these
conditions, you may be arrested again and taken to a prison to wait for your court hearing.
However, you may not be given bail if, you have a previous criminal conviction, you have
been given bail in the past and broken the conditions or if the court suspects you may
commit another crime or not turn up to your hearing.
Courts and Roles
There are two types of criminal courts in the England and Wales legal system. Firstly, Courts
Of First Instance, which is where the original trial of a case is heard (the Magistrates and
Describe Trial Process
Types Of Offences
There are 3 types of offences, summary, indictable and triable either way. Summary
offences are of low severity and are tried in magistrates court (for example, common assault
and most driving offences). Indictable offences are the most serious offences and are tried
in the Crown Court (for example, murder or rape). Triable either way offences can be tried
in magistrates court, however if deemed too serious for magistrates to deal with, then they
are sent to crown court (for example, sexual offences or drug offences).
Pre-trial
Before a trial starts, the defendant is read the charges in magistrates and crown court, and
are asked for their plea. If guilty, magistrates will hear the mitigating/ aggravating factors,
pass the sentence immediately or if the offence is too serious then pass the case onto the
Crown Court for sentencing. If not guilty, magistrates make decisions about legal aid,
reports and bail before the trial starts.
Plea-Bargaining
There is an agreement between the prosecution and defendant may plead guilty in
exchange for an incentive. One incentive is charge bargaining, which is where the D pleads
guilty to a less serious charge in exchange for a less serious punishment. Count bargaining is
where the D pleads guilty to one charge, in exchange for other charges to be dropped.
Sentencing bargaining is where the D pleads guilty to the original charge to receive a lighter
sentence.
Case – sentence bargaining – Gary Ridgeway
Gary Ridgeway (the Green River Killer) pleaded guilty to 48 murders in a plea deal, in return
for the prosecution agreeing to not pursue the death penalty.
Bail
Bail is when you are released from custody until your trial begins, this can be given at the
police station or from court. Bail from a police station means you can be released from
custody until your first hearing. Bail from court will mean you are on bail until your trial
begins. Whilst on bail, you may agree to conditions such as, living at a particular address,
handing your passport into the police or not contacting certain people. If you break these
conditions, you may be arrested again and taken to a prison to wait for your court hearing.
However, you may not be given bail if, you have a previous criminal conviction, you have
been given bail in the past and broken the conditions or if the court suspects you may
commit another crime or not turn up to your hearing.
Courts and Roles
There are two types of criminal courts in the England and Wales legal system. Firstly, Courts
Of First Instance, which is where the original trial of a case is heard (the Magistrates and
