AC2.2 Describe the trial process100% ACCURATE GRADE A+GUARANTEED

The trial process: 1)pre-trial Is held before the Magistrates' Court begins to hear evidence from the prosecution at the actual trial. These are held to resolve particular legal issues that need to be dealt with before the trial begins such as whether evidence is admissible or not. Check that the parties have complied with all previous court orders and directions. Give directions for the conduct of the trial. Fix a trial timetable if this has not already been fixed. Bail might be arranged until trial begins. The trial process: 2)taking the plea/plea bargaining *A not guilty plea= 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. *A guilty plea= 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. The trial process: 3)the trial Begins with the charges being read out to the defendant, who will then plead guilty or not guilty. Defendants can usually decide whether to have a jury trial, where the jury decides if the defendant is guilty or not, or a bench trial, where the judge decides without a jury. *Anyone accused of a crime is presumed under the law to be innocent until they plead guilty or are proved guilty at a trial. The trial process: 4)prosecution (role) ^Role of the prosecution: To investigate crimes, to decide whether or not to instigate legal proceedings and to appear in court. (CPS) Tries to prove that the case is beyond reasonable doubt. They act in the interest of justice, do not want a guilty verdict at all costs but rather provide all evidence, which if shown to be accurate, jury and judge says is enough for conviction. ^The prosecution opening speech: *Not guilty plea= prosecution will briefly give a speech outlining the case and the evidence that will be put to the court in support of its case. ^The prosecution evidence: *Calls the evidence upon which it relies. This will take the form of witnesses, including arresting officers, and witness statements (subject to the rules of admissibility of evidence). *The defence will then cross-examine the prosecution evidence with the purpose of raising doubt on the case against the defence. *If necessary, the prosecution may then re-examine the witnesses. *Ultimately, it is for the magistrates to decide on matters of both law and fact once it has heard the evidence. The trial process: 5)defence (role) ^Role of the defence: *The defence do not have to prove that the accused is innocent, just that the prosecution's arguments are insufficient for a conviction. *They test the prosecution's case. ^Submission of no case to answer: At the end of the prosecution evidence, the defence may choose to do this if; there has been no (or insufficient) evidence to prove an essential element of the offence, or, the prosecution evidence has been so discredited as a result of cross-examination or is so manifestly unreliable that no reasonable tribunal could safely convict on it. ^The defence case: *If the defence has not made a submission of no case to answer (or was unsuccessful in doing so), the defence may then present its case. *Usually begins to call its evidence straight away. If the defendant is going to take the witness stand, this will usually be before any further defence witnesses are called. *Any expert witnesses for either the defence or the prosecution will be the last witnesses to be called. *The prosecution can then cross-examine the defence witnesses on their evidence, and the defence can re-examine them if necessary. The trial process: 6)witnesses issues ^Representations in private: sometimes, a witness may need to give evidence in private; for instance, because there is a very real risk of fear and intimidation. Witness who can't attend court: eg. they are ill in hospital). When this occurs, a 'section 9' statement can be submitted and read out in open court if the prosecution agrees. The problem is that the prosecution cannot cross-examine the witness. The trial process: 7)closing speech & verdict ^Closing speeches: The defence has the right to either an opening or a closing speech- having the benefit of the 'last word'. The prosecution does not have the right to a closing speech. However, if either party wishes to make a second speech, they may do so with the leave of the court, but if the court is going to allow one party to make a second speech, it must allow the other party a second speech. If both parties are allowed a second speech, the prosecution must go first, allowing the defence the benefit of the last word. ^The verdict: Lay magistrates usually retire on their own to consider their verdict. Normally, this does not take long at all. They then return to the court room and deliver their verdict. The jury must agree 10/12 (majority verdict). The trial process: 8)Sentencing ^Sentencing in the Magistrates' Court: *If the magistrates find the case proved and the defendant guilty, they will proceed to sentence (after an adjournment if necessary). The defendant's previous convictions will be read out before sentence is passed down. *The defence can make a plea in mitigation. This is where the defendant's lawyers tell the court why a lenient sentence should be considered because, for example, the defendant was provoked, or under intense personal stress, and so on. The magistrates may impose an absolute discharge - or sentence a defendant to a maximum period of up to 6 months' imprisonment for each summary offence. Where the person is convicted of two or more either-way offences, up to 12 months in prison can be imposed. The magistrates can also impose an unlimited fine on the defendant. ^Committal to the Crown Court for sentence: *In certain circumstances, the magistrates may commit the defendant to the Crown Court for sentence. *If the offence is so serious that the magistrates take the view that a sentence more severe than what it can impose is necessary - it will send the defendant to the Crown Court where a judge will impose the appropriate sentence. Judge (role) *Advise the jury on the law and ensure that a trial is fair and human rights compliant. *Advise the jury on procedure and explain their duties CONTINUED.....