AC2.2 Describe the trial process-Questions and Answers
100% Correct
The trial process: 1)pre-trial Correct Ans-Is held before the Magistrates' Court begins to
hear evidence from the prosecution at the actual trial. These are held to resolve particular
legal issues that need to be dealt with before the trial begins such as whether evidence is
admissible or not. Check that the parties have complied with all previous court orders and
directions. Give directions for the conduct of the trial. Fix a trial timetable if this has not
already been fixed. Bail might be arranged until trial begins.
The trial process: 2)taking the plea/plea bargaining Correct Ans-*A not guilty plea= the
case will be adjourned for a pre-trial hearing. If the offence is triable either way, the
defendant who pleads not guilty can elect to be tried by jury in the Crown Court.
*A guilty plea= the defendant can be sentenced immediately. In the case of a serious offence,
the defendant may be brought back for sentencing at a later date, and could be sent up to the
Crown Court if the magistrates' powers to sentence are insufficient.
The trial process: 3)the trial Correct Ans-*Begins with the charges being read out to the
defendant, who will then plead guilty or not guilty. *Defendants can usually decide whether
to have a jury trial, where the jury decides if the defendant is guilty or not, or a bench trial,
where the judge decides without a jury.
*Anyone accused of a crime is presumed under the law to be innocent until they plead guilty
or are proved guilty at a trial.
The trial process: 4)prosecution (role) Correct Ans-^Role of the prosecution:
To investigate crimes, to decide whether or not to instigate legal proceedings and to appear in
court. (CPS) Tries to prove that the case is beyond reasonable doubt. They act in the interest
, AC2.2 Describe the trial process-Questions and Answers
100% Correct
of justice, do not want a guilty verdict at all costs but rather provide all evidence, which if
shown to be accurate, jury and judge says is enough for conviction.
^The prosecution opening speech:
*Not guilty plea= prosecution will briefly give a speech outlining the case and the evidence
that will be put to the court in support of its case.
^The prosecution evidence:
*Calls the evidence upon which it relies. This will take the form of witnesses, including
arresting officers, and witness statements (subject to the rules of admissibility of evidence).
*The defence will then cross-examine the prosecution evidence with the purpose of raising
doubt on the case against the defence.
*If necessary, the prosecution may then re-examine the witnesses.
*Ultimately, it is for the magistrates to decide on matters of both law and fact once it has
heard the evidence.
The trial process: 5)defence (role) Correct Ans-^Role of the defence:
*The defence do not have to prove that the accused is innocent, just that the prosecution's
arguments are insufficient for a conviction.
*They test the prosecution's case.
^Submission of no case to answer:
100% Correct
The trial process: 1)pre-trial Correct Ans-Is held before the Magistrates' Court begins to
hear evidence from the prosecution at the actual trial. These are held to resolve particular
legal issues that need to be dealt with before the trial begins such as whether evidence is
admissible or not. Check that the parties have complied with all previous court orders and
directions. Give directions for the conduct of the trial. Fix a trial timetable if this has not
already been fixed. Bail might be arranged until trial begins.
The trial process: 2)taking the plea/plea bargaining Correct Ans-*A not guilty plea= the
case will be adjourned for a pre-trial hearing. If the offence is triable either way, the
defendant who pleads not guilty can elect to be tried by jury in the Crown Court.
*A guilty plea= the defendant can be sentenced immediately. In the case of a serious offence,
the defendant may be brought back for sentencing at a later date, and could be sent up to the
Crown Court if the magistrates' powers to sentence are insufficient.
The trial process: 3)the trial Correct Ans-*Begins with the charges being read out to the
defendant, who will then plead guilty or not guilty. *Defendants can usually decide whether
to have a jury trial, where the jury decides if the defendant is guilty or not, or a bench trial,
where the judge decides without a jury.
*Anyone accused of a crime is presumed under the law to be innocent until they plead guilty
or are proved guilty at a trial.
The trial process: 4)prosecution (role) Correct Ans-^Role of the prosecution:
To investigate crimes, to decide whether or not to instigate legal proceedings and to appear in
court. (CPS) Tries to prove that the case is beyond reasonable doubt. They act in the interest
, AC2.2 Describe the trial process-Questions and Answers
100% Correct
of justice, do not want a guilty verdict at all costs but rather provide all evidence, which if
shown to be accurate, jury and judge says is enough for conviction.
^The prosecution opening speech:
*Not guilty plea= prosecution will briefly give a speech outlining the case and the evidence
that will be put to the court in support of its case.
^The prosecution evidence:
*Calls the evidence upon which it relies. This will take the form of witnesses, including
arresting officers, and witness statements (subject to the rules of admissibility of evidence).
*The defence will then cross-examine the prosecution evidence with the purpose of raising
doubt on the case against the defence.
*If necessary, the prosecution may then re-examine the witnesses.
*Ultimately, it is for the magistrates to decide on matters of both law and fact once it has
heard the evidence.
The trial process: 5)defence (role) Correct Ans-^Role of the defence:
*The defence do not have to prove that the accused is innocent, just that the prosecution's
arguments are insufficient for a conviction.
*They test the prosecution's case.
^Submission of no case to answer:
