If you are taking the unit 3 controlled assessment, these are the exact model answers I used which got me an A grade. These are well developed answers, without links to the brief (as that is relevant to your exam).
There are 3 types of criminal offences: Indictable offences which are the most
serious and must be tried in a crown court. These contain offences such as
murder, rape and manslaughter and GBH. Triable either way offences which
are tried in either a magistrates or crown court, these are offences such as
theft, burglary. There are also summary offences which are the least serious,
tried in a magistrate’s court as they are minor offences. They are offences
such as Battery and most motoring offences.
There are 4 types of court:
Magistrates Court hears all cases, as they are first heard in a magistrate and
95% of them stay there. They contain 3 magistrates judges who decide both
guilt and appropriate sentences. These magistrates' judges are unqualified
and are assisted by a clerk. Their sentencing powers are limited and can
sentence up to only 6 months (or 1 year for 2 offences) or a £5,000 fine for
one offence. They can also send cases to crown court for sentencing. All
defendants in a magistrate’s court are represented by a solicitor.
The Crown Court holds trials for all indictable offences, either way offences
and cases where magistrates have refused jurisdiction. If a defendant pleads
not guilty a jury trial will occur and the jury must listen to evidence from
prosecution, defence and witnesses. Evidence such as exhibits such as
photographs can also be considered, and the jury must consider a verdict in
secret. The judge usually requests a unanimous verdict, but a majority verdict
, is also accepted. Defendants are always represented by barristers in a crown
court. The role of the judge is to advise the jury on the law and overlook the
trial to make sure it is fair and that no human rights are ignored. The judge
also passes sentences if the defendant is found guilty and they can also sit
alone and come to a verdict if need be, as a result of the Criminal Justice Act
2006.
The Court of Appeal Criminal Division usually holds trials for appeals of
defendants that have been permitted. They decide if a crown’s verdict is safe.
The Supreme Court is judged by Lords, as it is called, the ‘House of Lords’
and is the highest court in England. 12 Law lords sit in this court and make
rulings that bind all courts beneath it. They hold trials for cases that concern a
point of law of public importance.
At a magistrate’s court, there are 2 pre-trial matters: pre-trial review (looking
over points of law) and the plea bargain.
PLEA BARGAINING
Plea Bargaining occurs and is an agreement agreed by the prosecution and
defence or judge to influence the defendant to plead guilty. For example, a
defendant may plead guilty to receive a lesser charge such as manslaughter
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