AC 2.2: Describe the Trial Processes
Criminal offences can be separated into three categories: indictable offences, summary offences, or
offences that are triable either way. Indictable offences are the most serious, such as murder or
manslaughter and would be heard in a crown court. Summary offences are less serious, such as
motoring offences, and would be heard in a magistrate’s court, where 95% of trials are held. Triable
either way offences can be described as hybrid offences, such as fraud or theft.
A plea bargain is made between the defendant and the prosecutor. A defendant may agree to plead
guilty in return for some sort of concession. There are three types of plea bargaining: charge
bargaining, count bargaining and sentence bargaining. Charge bargaining means that the defendant
pleads guilty in exchange for reduced charges. For example, the defendant may plead guilty to
aggravated assault rather than attempted murder. In count bargaining, the defendant may face
charges to fewer counts if they plead guilty – rather than facing three counts of theft, they may only
face two if they agree on a plea bargain. Sentence bargaining consists of the defendant pleading
guilty in exchange for a lesser sentence – this may consist of a life sentence being changed to 20
years, as an example.
90% of convictions are a result of a ‘guilty’ plea, but BAME defendants are less likely to plead guilty
than white defendants because they “simply do not believe that the justice system will deliver less
punitive treatment if they plead guilty.” Instead, plea bargains are seen as solutions. However, this
could be a problem because it could lead to even more being jailed in already overcrowded prisons.
According to Jags Russell, the potentially bigger problem is that giving up their right to trial doesn’t
build BAME defendants’ trust in the justice system. Despite this, it does have its positives, such as
reducing costs and waiting times for courts, as well as reducing pre-trial detention times. Fair Trials
says one possible solution is to get judges more involved in negotiations and evidence review so that
convictions are not imposed based on unreliable confessions or guilty pleas alone.
A person can be released on bail at any point after having been arrested by police. Bail is granted by
the police and courts and can either be conditional or unconditional. If a person is granted
conditional bail, conditions can include a curfew or being required to attend programs. A suspect
may be issued bail if they surrender to bail, do not commit any offences on bail, and if they do not
interfere with witnesses – if any of these conditions are broken, the bail will be revoked. On the
other hand, bail can initially be refused if the suspect’s name and address cannot be confirmed or if
there are any doubts about the suspect’s genuineness. The 1976 Bail Act states that everyone has
the right to bail (in other words – to be treated as innocent until proven guilty), but bail can be not
set if a suspect fails to surrender to bail, if they commit an offence whilst on bail, or if they obstruct
the course of justice. When deciding whether a person should be granted bail, factors such as the
nature and seriousness of the offence, the strength of evidence, the record of the suspect’s previous
bail and the defendant’s character and community ties are considered.
An example of bail being used is the case study of Gareth Hughes. Within 30 minutes of a 25-year-
old woman’s body being found in a park, the scene was full of police and journalists. The police
allowed one of these journalists to access the area so that they could help spread the word and
catch the killer. Thanks to the circulation of the news, a witness shared a red scarf they had found
and several footprints in the area were later discovered. Hughes was eventually arrested, due to
matching the offender profile and his previous convictions against women. However, with no
forensic evidence linking him to the crime, he was released on bail. Months later, after he was
arrested again, his house was searched, and shoes and clothing were seized for further examination.
Following the examination and on the advice of the CPS, Hughes was charged with murder.
After a court hearing, a defendant may challenge the verdict and apply for an appeal. If a trial is held
at a magistrate’s court, the defendant has two automatic rights of appeal: appeal against the
