AC 2.2 – EXPLAIN THE CRIMINAL TRIAL PROCESS
PRE-TRIAL:
Criminal Procedure Rules of 2005 states that there are aspects to justice – acquitting the innocent
and making sure that the guilty are convicted, respecting the interests of the witnesses, victims, and
jurors, leading the case in an efficient manner and expeditiously, and dealing with the defence and
prosecution fairly. This also means that all evidence and information was be available to the court
and the just when the bail and sentencing is considered, and that the case is handled in a way that is
fair. Things such as the seriousness of the offence should be taken into account, the complexity of
the case, and the severity of the consequences for the defendant and the others in the case.
(1st) BAIL;
The Bail Act of 1976 gives the right for bail however bail can be refused if there is risk of reoffending
or altercation with any of the witnesses. The decision for bail is given under Section 38 of the Police
and Criminal Evidence Act of 1984. However certain crimes aren’t able to receive bail such as rape,
murder, and manslaughter if the defendant has been prosecuted for a previous crime before
(Section 25 of the Criminal Justice and Public Order Act 1994 and Section 56 of the Crime and
Disorder Act 1998).
After the arresting and in summary offences, bail must be considered, and then the defendant must
seek legal advice before initially appearing at the Magistrates Court. Legal advisors will then confirm
name, address, and date of birth, before reading out the charge against the individual. They can they
enter a plea. A court date or a sentence is then set.
In triable offences, the same procedure is carried out apart from the final step is a mode of trail
procedure, as with Indictable offences where the last step is a set Court date at Crown Court. To
apply for bail the prosecution must make an argument to persuade the Magistrates court to not let
the defendant have bail, while the defence make an argument to persuade the Magistrates to let the
defendant to have bail.
TWO TYPES OF BAIL:
Unconditional bail where the court states that there are no conditions other than going to court
when requires. Conditional bail where the court states that there are conditions that the defendant
must adhere to such as going to a police station, staying at a specific address, or having a set curfew.
(2nd) PLEA BARGAINING:
There are three types of bargaining, charge bargaining, count bargaining, and sentence bargaining.
Plea before venue is held at the magistrate's court. Guilty plea is where the court will proceed to
sentence or send to Crown Court for sentence, however, an individual doesn’t have the right for
their case to be seen at Crown Court.
- CHARGE BARGAINING: Where the defendant appeals to reduce the charges that have
been inflicted upon them but pleading guilty to a crime that is lesser than the one they have
been charged with.
- COURT BARGAINING: The Defendant will plead guilty to one of the offences they are
being tried for in exchange for the rest of them being dropped.
- SENTENCE BARGAINING: This is where the defendant will plead guilty to the charge that
they have committed in exchange for a lighter sentence.
PRE-TRIAL:
Criminal Procedure Rules of 2005 states that there are aspects to justice – acquitting the innocent
and making sure that the guilty are convicted, respecting the interests of the witnesses, victims, and
jurors, leading the case in an efficient manner and expeditiously, and dealing with the defence and
prosecution fairly. This also means that all evidence and information was be available to the court
and the just when the bail and sentencing is considered, and that the case is handled in a way that is
fair. Things such as the seriousness of the offence should be taken into account, the complexity of
the case, and the severity of the consequences for the defendant and the others in the case.
(1st) BAIL;
The Bail Act of 1976 gives the right for bail however bail can be refused if there is risk of reoffending
or altercation with any of the witnesses. The decision for bail is given under Section 38 of the Police
and Criminal Evidence Act of 1984. However certain crimes aren’t able to receive bail such as rape,
murder, and manslaughter if the defendant has been prosecuted for a previous crime before
(Section 25 of the Criminal Justice and Public Order Act 1994 and Section 56 of the Crime and
Disorder Act 1998).
After the arresting and in summary offences, bail must be considered, and then the defendant must
seek legal advice before initially appearing at the Magistrates Court. Legal advisors will then confirm
name, address, and date of birth, before reading out the charge against the individual. They can they
enter a plea. A court date or a sentence is then set.
In triable offences, the same procedure is carried out apart from the final step is a mode of trail
procedure, as with Indictable offences where the last step is a set Court date at Crown Court. To
apply for bail the prosecution must make an argument to persuade the Magistrates court to not let
the defendant have bail, while the defence make an argument to persuade the Magistrates to let the
defendant to have bail.
TWO TYPES OF BAIL:
Unconditional bail where the court states that there are no conditions other than going to court
when requires. Conditional bail where the court states that there are conditions that the defendant
must adhere to such as going to a police station, staying at a specific address, or having a set curfew.
(2nd) PLEA BARGAINING:
There are three types of bargaining, charge bargaining, count bargaining, and sentence bargaining.
Plea before venue is held at the magistrate's court. Guilty plea is where the court will proceed to
sentence or send to Crown Court for sentence, however, an individual doesn’t have the right for
their case to be seen at Crown Court.
- CHARGE BARGAINING: Where the defendant appeals to reduce the charges that have
been inflicted upon them but pleading guilty to a crime that is lesser than the one they have
been charged with.
- COURT BARGAINING: The Defendant will plead guilty to one of the offences they are
being tried for in exchange for the rest of them being dropped.
- SENTENCE BARGAINING: This is where the defendant will plead guilty to the charge that
they have committed in exchange for a lighter sentence.
