P5M4aD2
P5
Scenario 1:
Kelly would be charged with assault, which is a summary offence. At the police station,
a defense solicitor’s role will be to provide legal advice and representation to Kelly. The
defense solicitor ensures Kelly understands her rights, advises her on her options, and
represents her during any police interviews or proceedings. The case then proceeds to
the Magistrate’s Court, where Kelly will enter her plea. Assuming Kelly’s not guilty, there
will be a trial at the Magistrate’s court. The trial is heard by a panel of three lay
magistrates who are volunteers with no formal legal training, they decide cases in the
Magistrate's Court with guidance from a legally qualified court clerk. During the trial, the
prosecutions solicitor will present evidence and arguments to prove that Kelly is guilty
beyond reasonable doubt. The defense solicitor will challenge the prosecution's
evidence, cross-examine witnesses, and present evidence or arguments to support
Kelly's case. Their role is to ensure Kelly receives a fair trial and to advocate on her
behalf. 1
The panel of 3 lay magistrates then consider the evidence and decide the verdict, they
deliberate on the case, assess the evidence, and decide the outcome based on the
evidence presented. If Kelly is found guilty, the case proceeds to the sentencing stage.
A prosecutor will present the aggravating factors to increase the sentence, these factors
might include evidence that Kelly's actions caused significant distress. A defense
solicitor will present the mitigating factors to decrease the sentence. These might
include Kelly’s lack of previous criminal record, or other personal circumstances. The
sentence for Kelly will be then decided by the panel of lay magistrates. They consider
2
the guidelines, evidence, and factors presented to determine an appropriate sentence.
Scenario 2:
1
https://adleygray.com/what-are-summary-offences/
https://www.lexisnexis.co.uk/legal/glossary/summary-only-offence
2
https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/magistrates/
#:~:text=Magistrates%20typically%20sit%20in%20courts,are%20referred%20to%20as
%20wingers.
, P5M4aD2
Neo has been charged with actual bodily harm (ABH), which is an offence either way. At
the police station, a defense solicitor will provide Neo with legal advice and
representation. The solicitor ensures Neo understands their rights, the charges, and
how to respond during questioning or interviews. The case then proceeds to the
Magistrate’s Court, where Neo will enter their Plea. Assuming Neo pleads guilty or not
guilty, there will be an allocation hearing, where it will be decided whether Neo’s trial will
be heard in the Magistrates’ or Crown Court. If the trial takes place at the Magistrates’
Court, it will be heard by a panel of three lay magistrates. During the trial, the
prosecution solicitor will present evidence and arguments to prove Neo's guilt beyond
reasonable doubt. During the trial, the defense solicitor will challenge the prosecution's
evidence, cross-examine witnesses, and present Neo's case. Advocating for Neo and
aiming to secure a fair trial. The panel of 3 lay magistrates then consider the evidence
and decide the verdict. If Neo is found guilty the case proceeds to the sentencing stage.
A prosecution solicitor will present the aggravating factors to increase the sentence.
These could include the level of harm caused or any recklessness in Neo’s actions. A
defense solicitor will present the mitigating factors to decrease the sentence. These
could include Neo's lack of intent to cause harm, good character, or personal
circumstances. The sentence for Neo will be then decided by the panel of lay
magistrates. 3
However, if the trial takes place in the Crown Court, it will be heard by a Judge and a
Jury. Before the trial begins, the judge overseas the swearing-in of the jury, which
consists of 12 members who will hear the evidence and reach a verdict. During the trial,
the prosecution solicitor or barrister will present evidence, call witnesses, and make
arguments to prove Neo's guilt beyond reasonable doubt. During the trial, the defense
solicitor or barrister will cross-examine witnesses, challenge the prosecution’s case, and
present evidence or arguments to defend Neo. After all the evidence is given, the jury
decides the verdict that is based on the evidence presented during the trial. If Neo is
found guilty, the case proceeds to the sentencing stage. A prosecution solicitor will
present the aggravating factors to increase the sentence. A defense solicitor will present
3
https://www.noblesolicitors.co.uk/about/a-guide-to-abg-gbh.html
P5
Scenario 1:
Kelly would be charged with assault, which is a summary offence. At the police station,
a defense solicitor’s role will be to provide legal advice and representation to Kelly. The
defense solicitor ensures Kelly understands her rights, advises her on her options, and
represents her during any police interviews or proceedings. The case then proceeds to
the Magistrate’s Court, where Kelly will enter her plea. Assuming Kelly’s not guilty, there
will be a trial at the Magistrate’s court. The trial is heard by a panel of three lay
magistrates who are volunteers with no formal legal training, they decide cases in the
Magistrate's Court with guidance from a legally qualified court clerk. During the trial, the
prosecutions solicitor will present evidence and arguments to prove that Kelly is guilty
beyond reasonable doubt. The defense solicitor will challenge the prosecution's
evidence, cross-examine witnesses, and present evidence or arguments to support
Kelly's case. Their role is to ensure Kelly receives a fair trial and to advocate on her
behalf. 1
The panel of 3 lay magistrates then consider the evidence and decide the verdict, they
deliberate on the case, assess the evidence, and decide the outcome based on the
evidence presented. If Kelly is found guilty, the case proceeds to the sentencing stage.
A prosecutor will present the aggravating factors to increase the sentence, these factors
might include evidence that Kelly's actions caused significant distress. A defense
solicitor will present the mitigating factors to decrease the sentence. These might
include Kelly’s lack of previous criminal record, or other personal circumstances. The
sentence for Kelly will be then decided by the panel of lay magistrates. They consider
2
the guidelines, evidence, and factors presented to determine an appropriate sentence.
Scenario 2:
1
https://adleygray.com/what-are-summary-offences/
https://www.lexisnexis.co.uk/legal/glossary/summary-only-offence
2
https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/magistrates/
#:~:text=Magistrates%20typically%20sit%20in%20courts,are%20referred%20to%20as
%20wingers.
, P5M4aD2
Neo has been charged with actual bodily harm (ABH), which is an offence either way. At
the police station, a defense solicitor will provide Neo with legal advice and
representation. The solicitor ensures Neo understands their rights, the charges, and
how to respond during questioning or interviews. The case then proceeds to the
Magistrate’s Court, where Neo will enter their Plea. Assuming Neo pleads guilty or not
guilty, there will be an allocation hearing, where it will be decided whether Neo’s trial will
be heard in the Magistrates’ or Crown Court. If the trial takes place at the Magistrates’
Court, it will be heard by a panel of three lay magistrates. During the trial, the
prosecution solicitor will present evidence and arguments to prove Neo's guilt beyond
reasonable doubt. During the trial, the defense solicitor will challenge the prosecution's
evidence, cross-examine witnesses, and present Neo's case. Advocating for Neo and
aiming to secure a fair trial. The panel of 3 lay magistrates then consider the evidence
and decide the verdict. If Neo is found guilty the case proceeds to the sentencing stage.
A prosecution solicitor will present the aggravating factors to increase the sentence.
These could include the level of harm caused or any recklessness in Neo’s actions. A
defense solicitor will present the mitigating factors to decrease the sentence. These
could include Neo's lack of intent to cause harm, good character, or personal
circumstances. The sentence for Neo will be then decided by the panel of lay
magistrates. 3
However, if the trial takes place in the Crown Court, it will be heard by a Judge and a
Jury. Before the trial begins, the judge overseas the swearing-in of the jury, which
consists of 12 members who will hear the evidence and reach a verdict. During the trial,
the prosecution solicitor or barrister will present evidence, call witnesses, and make
arguments to prove Neo's guilt beyond reasonable doubt. During the trial, the defense
solicitor or barrister will cross-examine witnesses, challenge the prosecution’s case, and
present evidence or arguments to defend Neo. After all the evidence is given, the jury
decides the verdict that is based on the evidence presented during the trial. If Neo is
found guilty, the case proceeds to the sentencing stage. A prosecution solicitor will
present the aggravating factors to increase the sentence. A defense solicitor will present
3
https://www.noblesolicitors.co.uk/about/a-guide-to-abg-gbh.html
