AC 2.2 Describe trial process
There are three types of offences that can be tried in court: summary, indictable and triable
either way. Summary offences are any offences that are less serious, for example, motoring
offences and assaults without injury, and these are normally tried in a magistrates court.
Indictable offences are more serious crimes such as murder, rape, robbery, etc, and these
are tried in a crown court, but will have a first hearing in a magistrates. Triable either way
offences are offences that can be tried in either a magistrates or a crown court, often known
as hybrid offences, and an example of one of these could be theft, fraud, criminal damage,
etc.
There are several pre-trial matters that happen before a case goes to court, which will deal
with certain points of law. Before the trial begins, the defendant will be asked to take a plea
of either guilty or not guilty. When a guilty plea is given, then the magistrates will hear the
evidence and then are able to pass the sentence immediately which then leaves the
sentencing to a later date. When a not guilty plea is given, then the magistrates must make
certain decisions before the trial goes ahead, such as taking into consideration different
reports, legal aid and bail.
Plea bargaining may occur during the trial which is an agreement that is made by the
defendant and prosecutor in determining the guilty verdict. Plea bargaining enables the
defendant to plead guilty to a crime in return for a negotiated deal which may be a more
lenient sentence. The three types of plea bargaining include: charge bargaining (pleading
guilty to a less serious charge for a lighter sentence), count bargaining (pleading guilty to
one charge for another to be dropped), and sentence bargaining (pleading guilty to original
charge for a more lenient sentence). Plea bargaining is a good technique as it means that
we can save time, money and secure a clear conviction. However, it could mean that there
may be some pressure on defendants to plead guilty, which could frighten the defendant and
could lead to unfair trials.
Bail is where a defendant is temporarily released and is free from the police station until the
await for the trial, and can be either conditional or unconditional. Defendants are shown to
be ‘innocent until proven guilty’ and so under the Bail Act 1976, the defendants are granted
by the custody officer to be released. Unconditional bail is where there are no conditions that
a defendant has to follow. Conditional bail is where there may be some conditions that a
defendant has to follow, such as curfew, no contacting certain people, etc. Remand in
custody is where the defendant has breached their bail terms or has refused bail and must
stay remanded in custody until their trial. Bail may not be granted to an individual for many
reasons such as: if they are a danger to themselves or society, have no address, have failed
to meet previous bail conditions, etc. In the case where the police have refused bail to an
individual, a magistrate is able to grant bail under the S.4 of the Bail Act 1976. Once pre-trial
matters have been completed, the magistrate will arrange for a date for the trial to be held in
which the defendant must turn up to court.
When a case is brought to trial, there are two types of courts a case can go to: Magistrates
or Crown, and these have different powers and roles.
