This is a document is a full mark model answer for Criminology Unit 3 (Crime scene to courtroom) 2.2. This can be used as inspiration for your brief for the controlled assessment, or taken into the controlled assessment for guidance. WARNING: you may be disqualified from the exam for plagiarism if ...
There are three types of criminal offences: indictable offences, summary offences
and triable either way offences.
Pre-trial matters:
Pre-trial matters are decisions that the magistrate's court takes before a trial. This
includes the pre-trial review, which outlines points of law. For example, it decides
whether evidence will be admissible or not. Before a trial, the defendant is read their
charge, and from that they must decide whether they are going to plead guilty or not
guilty. In cases where the defendant pleads guilty, the magistrates must take into account
mitigating factors which helps them decide whether to pass the sentence immediately or
postpone the sentencing until legal reports are made, such as by a probation officer. In
cases where the defendant pleads not guilty, the magistrates take into account reports,
legal aid and bail before the trial goes ahead.
A defendant and the prosecution may form a plea bargain, which is an agreement
between both parties for the defendant to plead guilty, and in return they may receive a
lesser sentence or in some cases, their other charges are dropped. There are three types
of bleabarganing: charge bargaining, count bargaining and sentence bargaining. Plea
bargains can avoid a lengthy trial, however it must be noted it might coerce defendants
to plead guilty, even if they’re innocent. For example, if an innocent defendant is up
against serious charges, they may take a sentence bargain in order to receive less prison
time.
Legal Aid is a scheme which helps individuals facing charges by providing free
legal representation when they can not afford a lawyer. They do this by helping with the
costs of legal advice and representation. Legal aid enables the defendant to achieve their
right to counsel, and their right to a fair trial. If the defendant is being tried for a
summary offence, they will be allowed to talk to a duty solicitor who discusses their plea
and the evidence against them. Any defendant who pleads not guilty, will be given access
to legal aid and have representation in every court hearing they attend.
Bail refers to the temporary release of the defendant whilst they wait for their
trial. Individuals are entitled to bail under section 4 of the Bail Act 1975, because in
British Law, everyone is presumed innocent until proven guilty. Individuals may be
granted bail at the police station, as long as the police have their name and address. The
courts may grant two types of bail: unconditional and conditional. Unconditional bail
refers to the release of the defendant without any specific conditions. Conditional bail
refers to the release of the defendant as long as they adhere to the conditions from the
court, for example they may have to surrender their passport or have a curfew. Lastly, a
defendant may be remanded in custody, where the court refuses bail or if they’ve gone
against their conditions, and they may be left in remand until their trial. Bail may be
refused by the court if they’re likely to commit an offence whilst on bail, if they’re being
charged with a serious offense or if they’re likely to go against the conditions of their
conditional bail. (LINK TO BRIEF IN CA (BAIL DEPENDING ON SEVERITY)
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