AC2.2
Before a trial takes place, pre-trial matters must be dealt with. These are decisions made by the
magistrates’ court before a trial begins. This includes a pre-trial review taking place, where a hearing
is held in the magistrates’ court, which considers the prosecution’s evidence. Rulings, which are
binding until the end of the case, may be made at this point.
Another pre-trial matter is deciding whether a defendant should be granted bail. Bail is when
someone awaiting trial is temporarily released. Most people are granted bail. The laws on bail are
set out in the Bail Act 1976. Bail can be conditional (e.g., you can’t contact certain people, you must
hand over your passport) or unconditional where you are free to go as long as you attend court. The
other option is to remand someone in custody meaning they are kept detained until their trial
begins. Police can release people on bail, from a police station if they have been questioned and are
under investigation but haven’t yet been charged, but there is a 28-day limit for this.
Plea bargaining may also take place before a trial, whereby an agreement is made between the
prosecutor and the defendant offering a less harsh sentence (sentence plea bargain), or an
agreement to drop other charges (charge plea bargain), in return for a guilty plea. Plea bargains are
often given if a defendant testifies against another suspect, or because a greater charge is difficult to
prove. For example, in the case of rape charges, sexual assault or violent attacks are often offered as
charges instead of rape as it is difficult to prove a lack of consent. However, these outcomes aren’t
always desirable for victims who have been through a traumatic experience.
There are two main courts that try criminal offences. One of these is the magistrates’ court which
tries summary offences (the least serious ones) and some triable either way offences. There is also
the Crown Court which tries indictable offences (serious offences) and some triable either way
offences. Most cases begin at the magistrates’ court. There is also the Court of Appeal and the
Supreme Court which are appellate courts. The Court of Appeal deals with appeals from lower courts
about criminal and civil judgements, such as in the case of Joseph McGill, whose mother appealed
against his murder charge for the part he played in the stabbing of Sean McHugh. The Supreme
Court is the final appeal court for civil and criminal cases in England and Wales.
The Magistrates’ court is made up of a range of people with different roles. This includes: the
solicitor for the defence, who tries to show the defendant is not guilty; the solicitor for the
prosecution, who tries to prove the defendant is guilty by showing evidence and challenging
evidence from the defence; the three magistrates, who listen to evidence and make decisions on
guilt, sentencing, and bail (they are untrained and unpaid community members); a clerk to the court
who acts as a legal advisor to the magistrates, ensures evidence is admissible, and advises
unrepresented defendants; a Court Usher who prepares the court and ensures everyone is brought
into the courtroom at the correct time (they wear a black gown); and laypeople, who are people
who don’t have specialised or professional knowledge of the law. There are three magistrates as one
of them is a chair who has the deciding vote if the other two disagree on decisions.
In the Crown Court there is a barrister for the defence and a barrister for the prosecution, who do
similar roles to the solicitors in the Magistrates’ court, but they sometimes wear a wig and gown.
There are also solicitors for both the defence and prosecution who work behind the scenes. There is
also a judge who oversees proceedings and wears a wig and gown, a clerk to the court who takes
oaths and reads formal charges, a court usher who does a similar job to the usher in the magistrates’
court, and the Jury who is made up of 12 members of the public who listen to evidence and decide
whether a defendant is guilty.
Before a trial takes place, pre-trial matters must be dealt with. These are decisions made by the
magistrates’ court before a trial begins. This includes a pre-trial review taking place, where a hearing
is held in the magistrates’ court, which considers the prosecution’s evidence. Rulings, which are
binding until the end of the case, may be made at this point.
Another pre-trial matter is deciding whether a defendant should be granted bail. Bail is when
someone awaiting trial is temporarily released. Most people are granted bail. The laws on bail are
set out in the Bail Act 1976. Bail can be conditional (e.g., you can’t contact certain people, you must
hand over your passport) or unconditional where you are free to go as long as you attend court. The
other option is to remand someone in custody meaning they are kept detained until their trial
begins. Police can release people on bail, from a police station if they have been questioned and are
under investigation but haven’t yet been charged, but there is a 28-day limit for this.
Plea bargaining may also take place before a trial, whereby an agreement is made between the
prosecutor and the defendant offering a less harsh sentence (sentence plea bargain), or an
agreement to drop other charges (charge plea bargain), in return for a guilty plea. Plea bargains are
often given if a defendant testifies against another suspect, or because a greater charge is difficult to
prove. For example, in the case of rape charges, sexual assault or violent attacks are often offered as
charges instead of rape as it is difficult to prove a lack of consent. However, these outcomes aren’t
always desirable for victims who have been through a traumatic experience.
There are two main courts that try criminal offences. One of these is the magistrates’ court which
tries summary offences (the least serious ones) and some triable either way offences. There is also
the Crown Court which tries indictable offences (serious offences) and some triable either way
offences. Most cases begin at the magistrates’ court. There is also the Court of Appeal and the
Supreme Court which are appellate courts. The Court of Appeal deals with appeals from lower courts
about criminal and civil judgements, such as in the case of Joseph McGill, whose mother appealed
against his murder charge for the part he played in the stabbing of Sean McHugh. The Supreme
Court is the final appeal court for civil and criminal cases in England and Wales.
The Magistrates’ court is made up of a range of people with different roles. This includes: the
solicitor for the defence, who tries to show the defendant is not guilty; the solicitor for the
prosecution, who tries to prove the defendant is guilty by showing evidence and challenging
evidence from the defence; the three magistrates, who listen to evidence and make decisions on
guilt, sentencing, and bail (they are untrained and unpaid community members); a clerk to the court
who acts as a legal advisor to the magistrates, ensures evidence is admissible, and advises
unrepresented defendants; a Court Usher who prepares the court and ensures everyone is brought
into the courtroom at the correct time (they wear a black gown); and laypeople, who are people
who don’t have specialised or professional knowledge of the law. There are three magistrates as one
of them is a chair who has the deciding vote if the other two disagree on decisions.
In the Crown Court there is a barrister for the defence and a barrister for the prosecution, who do
similar roles to the solicitors in the Magistrates’ court, but they sometimes wear a wig and gown.
There are also solicitors for both the defence and prosecution who work behind the scenes. There is
also a judge who oversees proceedings and wears a wig and gown, a clerk to the court who takes
oaths and reads formal charges, a court usher who does a similar job to the usher in the magistrates’
court, and the Jury who is made up of 12 members of the public who listen to evidence and decide
whether a defendant is guilty.
