AC2.2 Writeup
AC2.2 Trial Processes
There are three types of offences, these are summary, either way and indictable offences.
Summary Offences
This type of criminal offence can only be tried in a magistrates’ court. The only exception to this is
when the offence is linked or associated with a more serious offence which has been sent to the
crown court. There are many offences that fall within this category. Almost all driving offences are
summary offences, with the exception of dangerous driving or offences whereby a fatality has
occurred, and the sentence for dangerous driving will reflect this in each case. Common assault
involving minor injury- which is the least serious form of assault – is a summary only offence, as are
section 4 and 5 of the Public Order Act, involving offensive words or behaviour.
Although some offences, such interfering with a motor vehicle, have a reduced maximum
punishment of 3 months, summary offences often have a maximum sentence of 6 months in prison.
Examples of summary offences include most motoring offences, minor criminal damage, common
assault (not racially aggravated)
Either Way Offences
This type of criminal offence can be dealt with in either the magistrates’ court or the crown court.
The range of offences within this category is very wide in terms of the level of seriousness. An
indication of plea will be required when a person charged with an either way offence first appears
before a magistrates' court. The magistrates' court will hear the case's facts and make a decision
regarding where the case should be allocated for trial or sentence. If on the facts of a case, the
magistrates are of the opinion that their sentencing powers are insufficient (if there is one either
way offence then the maximum is 6 months, if there are 2 or more than the maximum is 12 months)
then they will decline jurisdiction and allocate the case to the crown court. If the magistrates are of
the opinion that their sentencing powers are sufficient, then the case is allocated to the magistrates’
court. However, a defendant is then given the option of electing for the case to proceed to the
Crown Court in any event. Examples of either way offences are Theft, Burglary, Possession of drugs,
Possession with intent to supply drugs
Indictable Offences
The most serious criminal offences, indictable only offences can only be dealt with in the crown
court. An indictable only offender must initially appear before the magistrates' court, but the case
will then be transferred right away to the crown court for judicial consideration. The jury will
determine whether the defendant is innocent or guilty if the case goes to trial. The judge is always in
charge of passing judgement. Examples of Indictable Offences are Murder, Manslaughter, Robbery,
Rape.
, Pre-Trial
Pre-Trial Review
It is a hearing that is typically scheduled for up to 10 weeks before the trial date. The purpose of a
pre-trial review is to check that the parties have complied with all previous court orders and
directions, give instructions on how the trial should be run and fix a trial timetable if this has not
already been fixed. The court might conduct a pre-trial review in a complicated legal case.
Plea
A plea is a formal declaration made by or on behalf of a defendant or prisoner that admits guilt or
innocence in response to an accusation, makes a factual claim, or asserts that a particular rule of law
should be followed. There is a guilty plea and a non-guilty plea. If a person pleads guilty, then the
magistrates hear about aggravating or mitigating circumstances then pass the sentence, await
reports or refer to the crown court. If a person pleads not guilty then the court will have to make
decisions about legal aid and bail before trial.
Plea Bargaining
Plea bargaining is an arrangement reached between the judge, the prosecution, and the defence as
a means of encouraging the defendant to enter a guilty plea. When the defendant pleads guilty to a
lesser charge or only to some of the charges that are filed against them, for example manslaughter
instead of murder or it might relate to the sentence, when the defendant is told in advance what
their sentence will be if they plead guilty. This can help the prosecutor obtain a conviction,
particularly in cases where the defendant is facing serious charges. Charge bargaining is when the
defendant pleads guilty to less serious charges in exchange for a lower sentence, Court bargaining is
when the defendant pleads guilty to one charge in return for others being dropped. Sentence
bargaining is when the defendant pleads guilty to the original charges but wants a lenient sentence.
Bail
A bail is a temporary release of a suspect before a trial. A person can be released on bail at any point
after being arrested by the police. This is supported under the Right to bail section 4 of the Bail Act
1976 (all innocent until proven guilty). A custody officer can refuse bail if the suspects name and
address are questionable. There are two types of bail, unconditional and conditional bail.
Unconditional bail is when the court imposes no conditions on the suspect other than to attend
court. Conditional bail is when a suspect must agree to certain conditions whilst on bail. These can
be curfews, handing over their passport to prevent the suspect from fleeing the country and
showing up to a police station every day.
If a court refuses bail then it’s called a remand in custody. The suspect is sent to prison. This could be
caused if a suspect is a flight risk or if there are doubts about whether the suspects name and
address are genuine. The main reasons why a court can refuse bail is if the suspect is likely to fail to
AC2.2 Trial Processes
There are three types of offences, these are summary, either way and indictable offences.
Summary Offences
This type of criminal offence can only be tried in a magistrates’ court. The only exception to this is
when the offence is linked or associated with a more serious offence which has been sent to the
crown court. There are many offences that fall within this category. Almost all driving offences are
summary offences, with the exception of dangerous driving or offences whereby a fatality has
occurred, and the sentence for dangerous driving will reflect this in each case. Common assault
involving minor injury- which is the least serious form of assault – is a summary only offence, as are
section 4 and 5 of the Public Order Act, involving offensive words or behaviour.
Although some offences, such interfering with a motor vehicle, have a reduced maximum
punishment of 3 months, summary offences often have a maximum sentence of 6 months in prison.
Examples of summary offences include most motoring offences, minor criminal damage, common
assault (not racially aggravated)
Either Way Offences
This type of criminal offence can be dealt with in either the magistrates’ court or the crown court.
The range of offences within this category is very wide in terms of the level of seriousness. An
indication of plea will be required when a person charged with an either way offence first appears
before a magistrates' court. The magistrates' court will hear the case's facts and make a decision
regarding where the case should be allocated for trial or sentence. If on the facts of a case, the
magistrates are of the opinion that their sentencing powers are insufficient (if there is one either
way offence then the maximum is 6 months, if there are 2 or more than the maximum is 12 months)
then they will decline jurisdiction and allocate the case to the crown court. If the magistrates are of
the opinion that their sentencing powers are sufficient, then the case is allocated to the magistrates’
court. However, a defendant is then given the option of electing for the case to proceed to the
Crown Court in any event. Examples of either way offences are Theft, Burglary, Possession of drugs,
Possession with intent to supply drugs
Indictable Offences
The most serious criminal offences, indictable only offences can only be dealt with in the crown
court. An indictable only offender must initially appear before the magistrates' court, but the case
will then be transferred right away to the crown court for judicial consideration. The jury will
determine whether the defendant is innocent or guilty if the case goes to trial. The judge is always in
charge of passing judgement. Examples of Indictable Offences are Murder, Manslaughter, Robbery,
Rape.
, Pre-Trial
Pre-Trial Review
It is a hearing that is typically scheduled for up to 10 weeks before the trial date. The purpose of a
pre-trial review is to check that the parties have complied with all previous court orders and
directions, give instructions on how the trial should be run and fix a trial timetable if this has not
already been fixed. The court might conduct a pre-trial review in a complicated legal case.
Plea
A plea is a formal declaration made by or on behalf of a defendant or prisoner that admits guilt or
innocence in response to an accusation, makes a factual claim, or asserts that a particular rule of law
should be followed. There is a guilty plea and a non-guilty plea. If a person pleads guilty, then the
magistrates hear about aggravating or mitigating circumstances then pass the sentence, await
reports or refer to the crown court. If a person pleads not guilty then the court will have to make
decisions about legal aid and bail before trial.
Plea Bargaining
Plea bargaining is an arrangement reached between the judge, the prosecution, and the defence as
a means of encouraging the defendant to enter a guilty plea. When the defendant pleads guilty to a
lesser charge or only to some of the charges that are filed against them, for example manslaughter
instead of murder or it might relate to the sentence, when the defendant is told in advance what
their sentence will be if they plead guilty. This can help the prosecutor obtain a conviction,
particularly in cases where the defendant is facing serious charges. Charge bargaining is when the
defendant pleads guilty to less serious charges in exchange for a lower sentence, Court bargaining is
when the defendant pleads guilty to one charge in return for others being dropped. Sentence
bargaining is when the defendant pleads guilty to the original charges but wants a lenient sentence.
Bail
A bail is a temporary release of a suspect before a trial. A person can be released on bail at any point
after being arrested by the police. This is supported under the Right to bail section 4 of the Bail Act
1976 (all innocent until proven guilty). A custody officer can refuse bail if the suspects name and
address are questionable. There are two types of bail, unconditional and conditional bail.
Unconditional bail is when the court imposes no conditions on the suspect other than to attend
court. Conditional bail is when a suspect must agree to certain conditions whilst on bail. These can
be curfews, handing over their passport to prevent the suspect from fleeing the country and
showing up to a police station every day.
If a court refuses bail then it’s called a remand in custody. The suspect is sent to prison. This could be
caused if a suspect is a flight risk or if there are doubts about whether the suspects name and
address are genuine. The main reasons why a court can refuse bail is if the suspect is likely to fail to
