A.C (Assessment Criteria) 2.2: Describe the trial process
Before a trial process can begin, the offence committed must be confirmed under one of the
three offence classifications. These classifications vary in severity from low level to high and
are distinguishable by which court hears their case. These are summary, triable either-way,
and indictable offences.
Summary Offence
A summary offence is considered to have low severity with the maximum sentence being 6
months' imprisonment for one offence, and or up to a £5000 fine. This can be doubled for
two offences. An example of a summary offence would that of s39 Assault or Battery, but
most commonly minor speeding offences. Summary offences will always remain in the
Magistrates’ court and be heard by 3 Magistrates’, who are considered laypeople.
Triable Either-Way Offence
Triable Either-Way Offences have medium severity, as they can be either heard in the
Magistrates Court or the Crown Court. An example of an offence would be Theft or s47
Assault Occasioning Actual Bodily Harm. The Magistrates’ Court can deem themselves
inadequate to deal with a certain case and send it up to the Crown Court if they felt that it
was serious enough to merit a trial. That means that a person could be sentences to 6
months in the Magistrates or 7 years if tried in the Crown Court.
Indictable Offence
An Indictable Offence is the most serious offence a person can commit in England and
Wales. This includes crimes such as murder, rape, s18 Grevious Bodily Harm; will always be
tried in the Crown Court. The sentence given by the judge can be whatever the maximum
sentence is for that specific offence, for instance murder would be a mandatory life
imprisonment.
Magistrates’ Court
Before a trial begins, a pre-trial phase must be completed. This allows the defendant to
enter a plea of guilty or not guilty to the charge(s) faced against him. Also, during the pre-
trial phase, the courts can decide whether evidence is admissible and hear bail applications.
If the defendant pleads not guilty, then the Magistrates will arrange a date for a court
hearing or send it up to the Crown Court for trial.
95% of all cases heard in the Magistrates court are criminal, including all preliminary trials
for every classification of offence. However, summary offences are always tried in the
Magistrates' Court. Including offences that are triable either way, if the magistrates accept
the jurisdiction after a 'mode of trial' hearing, and if the defendant consents to a summary
trial. In every Magistrates’ Court hearing, 3 magistrates or ‘Justices of the Peace’ will sit at
the bench and hear the case, usually consisting of one chairman and two wingers. They are
labelled as ‘lay people’ because they have no legal qualifications, yet still decide guilt and
the appropriate sentence. However, they are usually assisted by a legally qualified clerk, or
‘clerk to the justices’ whose job is to guide the magistrates on questions of law, practice,
and procedure, as set out in s28(3) of the Justices of the Peace Act 1979. They are there to
simply assist, not advise and a Magistrate cannot operate without them. Representation for
the defendant in a magistrate is usually a solicitor, whose role is to advise and advocate on
behalf of their client in court. Usually, a Crown Prosecution Service representative will
present the case for the prosecution.
Once a defendant is charged, the Magistrates Court will decide whether bail should be
refused or applicable up until the trial, which is contained in Bail Act 1976. Though Section 4
of the Bail Act, states that there should be a ‘rebuttable presumption in favour of bail’,
unless there is a reason to remand the defendant in custody before a trial. The decision of
Before a trial process can begin, the offence committed must be confirmed under one of the
three offence classifications. These classifications vary in severity from low level to high and
are distinguishable by which court hears their case. These are summary, triable either-way,
and indictable offences.
Summary Offence
A summary offence is considered to have low severity with the maximum sentence being 6
months' imprisonment for one offence, and or up to a £5000 fine. This can be doubled for
two offences. An example of a summary offence would that of s39 Assault or Battery, but
most commonly minor speeding offences. Summary offences will always remain in the
Magistrates’ court and be heard by 3 Magistrates’, who are considered laypeople.
Triable Either-Way Offence
Triable Either-Way Offences have medium severity, as they can be either heard in the
Magistrates Court or the Crown Court. An example of an offence would be Theft or s47
Assault Occasioning Actual Bodily Harm. The Magistrates’ Court can deem themselves
inadequate to deal with a certain case and send it up to the Crown Court if they felt that it
was serious enough to merit a trial. That means that a person could be sentences to 6
months in the Magistrates or 7 years if tried in the Crown Court.
Indictable Offence
An Indictable Offence is the most serious offence a person can commit in England and
Wales. This includes crimes such as murder, rape, s18 Grevious Bodily Harm; will always be
tried in the Crown Court. The sentence given by the judge can be whatever the maximum
sentence is for that specific offence, for instance murder would be a mandatory life
imprisonment.
Magistrates’ Court
Before a trial begins, a pre-trial phase must be completed. This allows the defendant to
enter a plea of guilty or not guilty to the charge(s) faced against him. Also, during the pre-
trial phase, the courts can decide whether evidence is admissible and hear bail applications.
If the defendant pleads not guilty, then the Magistrates will arrange a date for a court
hearing or send it up to the Crown Court for trial.
95% of all cases heard in the Magistrates court are criminal, including all preliminary trials
for every classification of offence. However, summary offences are always tried in the
Magistrates' Court. Including offences that are triable either way, if the magistrates accept
the jurisdiction after a 'mode of trial' hearing, and if the defendant consents to a summary
trial. In every Magistrates’ Court hearing, 3 magistrates or ‘Justices of the Peace’ will sit at
the bench and hear the case, usually consisting of one chairman and two wingers. They are
labelled as ‘lay people’ because they have no legal qualifications, yet still decide guilt and
the appropriate sentence. However, they are usually assisted by a legally qualified clerk, or
‘clerk to the justices’ whose job is to guide the magistrates on questions of law, practice,
and procedure, as set out in s28(3) of the Justices of the Peace Act 1979. They are there to
simply assist, not advise and a Magistrate cannot operate without them. Representation for
the defendant in a magistrate is usually a solicitor, whose role is to advise and advocate on
behalf of their client in court. Usually, a Crown Prosecution Service representative will
present the case for the prosecution.
Once a defendant is charged, the Magistrates Court will decide whether bail should be
refused or applicable up until the trial, which is contained in Bail Act 1976. Though Section 4
of the Bail Act, states that there should be a ‘rebuttable presumption in favour of bail’,
unless there is a reason to remand the defendant in custody before a trial. The decision of
