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AC2.1-AC2.5 FULL NOTES
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AC2.1-Ac2.5 full notes in detail ready for exam, A* was achieved when written into paragraphs and was written according to WJEC specification
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AC2.2 - Describe the Trial ProcessPre-trial
Before Trial:
Admissibility of Evidence: The court checks if certain evidence can be used during the trial. Both sides
argue about this.
Reading of Charges: The defendant is told about the charges against them. This is a crucial step in the legal
process.
Pleading Guilty or Not Guilty: The defendant says if they did or didn't do the crime. This choice has big
effects on the case.
Pleas:
Guilty Plea: If the defendant admits guilt, the court can proceed to hear evidence and decide on a
sentence, either immediately or later. Being cooperative may affect the sentence.
Not Guilty Plea: If the defendant denies the charges, the case goes to trial.
Bargaining:
Plea Bargaining: Plea bargaining is a deal between the defendant and the prosecutor. The defendant
agrees to plead guilty in exchange for benefits. There are three types:
Charge Bargaining: The defendant pleads guilty to a less serious charge, leading to a lighter sentence.
Count Bargaining: The defendant pleads guilty to one charge, and others are dropped, resulting in a milder
sentence.
Sentence Bargaining: The defendant pleads guilty but gets a recommended shorter sentence.
Case Study:
Jerimiah Taylor: Jerimiah Taylor admitted to possessing a knife at the Newcastle Magistrates Court.
His admission allowed the court to move to the sentencing phase without a full trial. The court
considered factors like the offense's seriousness, Taylor's history, and any factors that might make
the sentence more or less severe. The court also decided whether the case stays in the magistrate's
court or moves to the Crown Court based on the offense's seriousness.
Bail
Bail is the temporary release of an accused person awaiting trial, with the condition that they
return to court for their trial. It is a legal mechanism that allows individuals to remain free during
the pre-trial period.
Conditional vs. Unconditional Bail:
Conditional Bail: This type of bail is granted with specific conditions, such as adhering to a curfew,
not contacting certain individuals, or regularly reporting to law enforcement. Violating these
conditions can lead to the revocation of bail.
Unconditional Bail: Unconditional bail is granted without additional conditions apart from the
requirement that the accused must attend court as scheduled.
Reasons for Remanding an Individual in Custody:
Flight risk (risk of not appearing at trial)
, A history of not attending court dates
Likelihood of committing further offenses if released
The seriousness of the alleged offense
Concerns about witness tampering or interference with the legal process
Case Study - Bail Granted:
O.J. Simpson was accused of the double murder of his ex-wife Nicole Brown Simpson and her friend
Ron Goldman.
Bail was granted, allowing Simpson to be released from custody, primarily because he had strong
ties to the community, significant financial resources to post bail, and no prior convictions.
The court-imposed conditions, including restrictions on travel and mandatory court appearances, to
ensure Simpson's compliance with the terms of his release.
Case Study - Bail Refused:
Ghislaine Maxwell, known for her association with Jeffrey Epstein, faced charges related to sex
trafficking and abuse.
Bail was denied in this high-profile case due to concerns that she posed a significant flight risk.
Factors contributing to the refusal of bail included Maxwell's substantial financial resources,
possession of multiple citizenships, and her connections to influential and high-profile individuals.
The court concluded that these elements increased the risk of her not appearing for trial if released.
When a Court May Refuse Bail:
Flight Risk: If the accused is likely to flee the jurisdiction and not attend trial.
Previous Bail Violation: If the defendant has a history of not following bail conditions or not
attending court.
Likelihood of Committing Offenses: If there's a strong suspicion that the accused will commit
further crimes if released.
Seriousness of the Offense: If the alleged crime is very serious, such as a violent crime or one
carrying severe penalties.
Witness Tampering: Concerns that the defendant might tamper with witnesses or obstruct the
legal process.
Case Study - Bail Should Have Been Refused:
R. Kelly, a famous singer and songwriter, faced multiple charges, including sexual abuse and
exploiting minors, leading to arrests in different places.
Debate centered on whether bail should have been refused due to the serious charges, Kelly's
history of alleged misconduct, and concerns about witness safety.
While bail was granted in some instances, strict conditions were imposed because of flight risk and
potential obstruction of justice.
The case underlined the complexities in deciding bail for high-profile individuals, sparking
discussions about the need for stricter conditions or complete bail refusal, given the gravity of the
charges and past allegations.
Courts & Roles
Criminal Court System - Magistrates:
Who Are Magistrates:
Magistrates: Community members without legal qualifications.
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