Unlock your path to an A grade with my comprehensive notes on Unit 3 AC2.2 Describe trial processes. Packed with everything you need – textbook insights, lecture materials, and in-depth research featuring real-life case studies and statistics.
● Summary offences are the least serious and include minor offences such as assault, battery, and most
motoring offences. They must stay in the magistrates’ court.
● Triable either way offences can be tried in either the magistrates’ or crown court. The judge in a crown court
has higher sentencing powers but the chance of being acquitted by a jury is higher than that of a trial in a
magistrates’ court. Examples of either-way offences include theft, burglary
● Indictable offences are the most serious and, although they start in a magistrates’ court, they must be tried in
a crown court. Examples of indictable offences include murder, manslaughter, rape and robbery
Pre-trial Matter
● This encompasses all the decisions made at the Magistrates Court before the commencement of the trial
Plea’s
● In Magistrate’s court, the defendant is informed of their charge and asked how they will plead
● If the defendant pleads guilty the magistrates assess the crime for sentencing
● If the plea is not guilty, then the magistrates must handle the pre-trial procedures like reports and bail
If the offence is severe then the matter is transferred to Crown Court
● Plea bargaining can occur at this stage, this is an agreement between the prosecutor and defendant where the
defendant pleads guilty for concessions to expedite proceedings
○ Charge bargaining - Guilty plea for a lighter sentence
○ Count bargaining - Guilty plea for one charge and the others are dropped
○ Sentence bargaining - Guilty plea for a more lenient sentence
● Critics warn of the potential abuse and coercion, emphasising the need for regulation of such bargains
Bail
● Bail is the temporary release of an accused person before trial, upholding the presumption of innocence
● The Bail Act 1976 covers the right for the accused to be temporarily released before trial, upholding the
presumption of innocence
● Police bail can also be granted however a custody officer can deny the bail in cases of uncertain identification
or doubts about the validity of the provided name and address
● There are 2 types of bail, denial, or violation of which will lead to remand in custody until trial
○ Conditional: Conditions are set by the court (curfews or passport surrender)
○ Unconditional: No specific conditions, only the requirement to attend to court
● In some cases, the court may deny bail if they are convinced or risks such as the accused committing more
crimes, interfering with witnesses, or needing custody for safety
● When deciding bail there are many factors to take into consideration
○ The nature and seriousness of the offence
○ The character, antecedents, and associations of the defendant
○ The defendant's records of previous bail
○ The strength of the evidence
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