A.C.2.2 - Describe trial processes
There are three types of criminal offences: indictable offences, which are serious crimes are
tried in the Crown Court, but are first heard in the magistrates’ court. These offences
includes murder, rape, treason, robbery and grevious bodily harm. Another type is summary
offences, which are less serious, such as motoring offences and assaults without injuries,
that are tried in the magistrates’ court. The last type of offence is the triable either way
offences, including theft, fraud, bulgari, handling stolen goods, assault occasioning actual
bodily harm. These can be tried in either a magistrates or Crown Court.
Pre-trial matters
Pre-trial matters are the decisions made by the magistrates in the court before a trial is held.
The purpose of the pre-trial reviews is to deal with points of law, such as the admissibility of
evidence.
The plea refers to a defendant’s response of guilty or not guilty to their charges. Guilty pleas
begin a process of the magistrates hearing evidence of mitigating circumstances, changing
the offence’s severity level. Then the magistrates either pass a sentence immediately or
adjourn the case for reports before sentencing takes place at a later date. However, if the
offence is too serious for the sentencing powers of the magistrates, the case is sent to
Crown Court for sentencing. For not guilty pleas, the magistrates must make the decision
about other factors, such as reports, legal aid and bail before the trial proceeds.
Plea bargaining, usually occurring before trial, involves a mutual agreement between the
prosecutor and defendant where the defendant agrees to plead guilty for concessions from
prosecutors. There are three main types of plea bargain: charge bargaining, meaning a
defendant pleads guilty for less serious crime to receive a lighter sentence. The second type
is count bargaining, plead guilty to one offence in return for others being dropped. And lastly,
sentence bargaining, plead guilty to the original charge in return for a more lenient sentence
for the defendant. An advantage of plea bargaining is offering the defendant an incentive to
plead guilty, and avoiding a lengthy trial in return. It is, on the other hand, criticised for the
undue pressure caused to defendants in the upregulation of plea bargaining, as well as
impeding on the right to a fair trial. For example, prosecutors can file additional and more
serious charges, with the aim of pressuring the defendant to agree to plead for less a guilty
charge and certainly putting them in prison.
Legal aid holds the main principle of the legal system as it provides equal access to justice,
regardless of an individual’s wealth, enabling individuals to defend themselves if they can
not afford it. The Legal Aid Agency helps with the cost of legal aid and representation of a
suspect. In summary offences, defendants discuss their case with a duty solicitor about their
plea and charges against them. In some cases, legal aid will not be provided in the
representation in court cases.
Another pre-matter trial is bail, which is the temporary release of a suspect while they await
trial. This is due to the assumption of innocence before proven guilty. Section 4 of the Bail
Act 1976 makes the assumption that everyone has the right to a fair trial. A custody officer
can refuse bail if the accused’s name and address can not be established, but the court is
able to grant bail after the plea has been made. There are two kinds of bail: unconditional
and conditional. An unconditional bail is when the court imposes no conditions except to
There are three types of criminal offences: indictable offences, which are serious crimes are
tried in the Crown Court, but are first heard in the magistrates’ court. These offences
includes murder, rape, treason, robbery and grevious bodily harm. Another type is summary
offences, which are less serious, such as motoring offences and assaults without injuries,
that are tried in the magistrates’ court. The last type of offence is the triable either way
offences, including theft, fraud, bulgari, handling stolen goods, assault occasioning actual
bodily harm. These can be tried in either a magistrates or Crown Court.
Pre-trial matters
Pre-trial matters are the decisions made by the magistrates in the court before a trial is held.
The purpose of the pre-trial reviews is to deal with points of law, such as the admissibility of
evidence.
The plea refers to a defendant’s response of guilty or not guilty to their charges. Guilty pleas
begin a process of the magistrates hearing evidence of mitigating circumstances, changing
the offence’s severity level. Then the magistrates either pass a sentence immediately or
adjourn the case for reports before sentencing takes place at a later date. However, if the
offence is too serious for the sentencing powers of the magistrates, the case is sent to
Crown Court for sentencing. For not guilty pleas, the magistrates must make the decision
about other factors, such as reports, legal aid and bail before the trial proceeds.
Plea bargaining, usually occurring before trial, involves a mutual agreement between the
prosecutor and defendant where the defendant agrees to plead guilty for concessions from
prosecutors. There are three main types of plea bargain: charge bargaining, meaning a
defendant pleads guilty for less serious crime to receive a lighter sentence. The second type
is count bargaining, plead guilty to one offence in return for others being dropped. And lastly,
sentence bargaining, plead guilty to the original charge in return for a more lenient sentence
for the defendant. An advantage of plea bargaining is offering the defendant an incentive to
plead guilty, and avoiding a lengthy trial in return. It is, on the other hand, criticised for the
undue pressure caused to defendants in the upregulation of plea bargaining, as well as
impeding on the right to a fair trial. For example, prosecutors can file additional and more
serious charges, with the aim of pressuring the defendant to agree to plead for less a guilty
charge and certainly putting them in prison.
Legal aid holds the main principle of the legal system as it provides equal access to justice,
regardless of an individual’s wealth, enabling individuals to defend themselves if they can
not afford it. The Legal Aid Agency helps with the cost of legal aid and representation of a
suspect. In summary offences, defendants discuss their case with a duty solicitor about their
plea and charges against them. In some cases, legal aid will not be provided in the
representation in court cases.
Another pre-matter trial is bail, which is the temporary release of a suspect while they await
trial. This is due to the assumption of innocence before proven guilty. Section 4 of the Bail
Act 1976 makes the assumption that everyone has the right to a fair trial. A custody officer
can refuse bail if the accused’s name and address can not be established, but the court is
able to grant bail after the plea has been made. There are two kinds of bail: unconditional
and conditional. An unconditional bail is when the court imposes no conditions except to
