AP2 criminology assessment:
AC 2.2 Describe criminal trial processes
Upon an arrest, the suspect will be charged with the offence. Every suspect has the
right to remain silent and is presumed innocent until proven guilty. There are three
types of offence; indictable offences, which include serious crime such as murder,
rape, robbery, summary offences, which are less serious and can include assault
without injury, and triable-either-way offences, which include theft, burglary, ABH
assault, fraud etc. The suspect will be held in custody for a period of time – this
depends on the offence committed: for serious crimes such as murder, they can be
hold for an extended period of time whilst awaiting trial and any other court
hearings. For a more minor offence, the suspect can be held for up to 96 hours.
The suspect may also be granted bail, which is the temporary release of an accused
person who is awaiting trial. There are a few types of bail; including unconditional
and conditional. Unconditional bail is where the defendant will only have to return to
court for any hearings as they are required. Whereas conditional bail is where the
court imposes restrictions such as the defendant must have a curfew, report to a
police officer daily, live at a bail hostel, surrender their passport etc. Section 4 of the
Bail Act 1976 makes a presumption that everyone has a right to bail – however, bail
may be refused by the court if the defendant is likely to commit another offence
whilst out on bail, could obstruct the course of justice (such as witness tampering).
Bail will also usually be denied if the defendant has committed a serious crime like
murder, and/or needs to stay in custody for the safety of themselves or others. In this
case, the defendant will remain in custody and be sent to prison whilst awaiting trial.
All criminal cases are heard at a Magistrates court, before a trial – serious offences
are then passed on to the Crown Court to deal with. They can also pass on any
triable-either-way offences which they may feel are too complex to deal with. For
more minor crimes, the defendant will be tried with the offence here. In a
Magistrates court, there are usually 3 Magistrates (laypeople) who are members of
the community who volunteer to do this role. They do not have any legal
qualifications or professional legal knowledge. They will be assisted by the court clerk
who is legally qualified and can advise them on the law. In this type of trial,
Magistrates decide whether the defendant is guilty or not, as well as decide on a
punishment – usually a fine of up to £5,000/6 months imprisonment, or more if there
are other offences involved. If they decide the defendant needs a more serious
punishment, the case can be sent to the Crown Court.
, There is also a pre-trial phase for jury trial cases, where many important decisions
will need to be made. These consist of matters like whether certain evidence is
admissible or not. In a hearing during the pre-trial phase, the defendant will also
have to decide on whether to enter a guilty or not guilty plea. In a Magistrate’s court,
if a defendant has pleaded guilty, the magistrates will hear evidence that make the
offence more or less serious, such as previous convictions or surrounding
circumstances. Magistrates either pass a sentence immediately or adjourn the case
for reports from a probation officer – a sentence will be passed at a later date. If the
court should impose a more serious sentence, the case will be sent to the Crown
Court for sentencing. All defendants must enter a plea before trial, and to do so they
should receive legal advice from a legal team. All defendants are entitled to legal aid,
regardless of wealth – it exists to help people defend themselves who cannot afford
to do so.
A plea bargain consists of an agreement between the defendant and the prosecuting
lawyer, (and sometimes the judge, too) where the defendant agrees to enter a guilty
plea in exchange for certain concessions from prosecution – these may consist of
charge bargaining, where defendant pleads guilty to less serious charges and receives
a lesser sentence, count bargaining, where defendant pleads guilty to a charge in
return for another being dropped, and sentence bargaining where defendant pleads
guilty and therefore receives a less harsh sentence. Plea bargaining was introduced to
give the defendant an incentive to plead guilty and avoid a potentially lengthy trial.
However, the use of plea bargaining has been criticised, since it could mean that
innocent defendants feel pressure to plead guilty as a way to seek a lesser sentence.
At the end of the pre-trial phase, if the defendant has pleaded not guilty, the
Magistrates will arrange for defendant to appear at Magistrates court (summary
offences), or the case will be sent to the Crown Court to be heard (for serious
indictable offences). If the defendant pleads guilty, a sentencing hearing will be
made, and a judge will decide on an appropriate sentence for the defendant. A
Crown Court is where all indictable offences such as rape and murder are tried.
Triable-either-way offences may also be tried here where the defendant has chosen
to be tried in a Crown Court, or a case sent from the Magistrates court.
Before a trial, the Crown Prosecution Service must be convinced that all evidence to
be used is admissible in court, and that more likely than not, the prosecution will
secure the conviction. They must ensure all evidence is credible, reliable, and
authentic. The case must be strong enough for trial. In order for the trial to be fair, all
evidence that the prosecution intends to present must be accessible by the defence.
If the prosecution does not provide all materials, this could mean a retrial is allowed
to take place, or the conviction is overturned. In the case of Liam Allan, in 2017, the
