ac2.2 describe trial process Flashcards
1
Q
what is an indictable offence
A
- serious crimes that are tried in the crown court
2
Q
what is a summary offence
A
- less serious crimes that are tried in a magistrates court
3
Q
what is a triable either way offence
A
- hybrid offences that can be tried in either a magistrates or crown court
4
Q
guilty pleas - magistrates court
A
- magistrates hear evidence of aggravating and mitigating factors
- either pass sentence immediately or adjourn the case for reports before sentencing at a later date
- if the case is too serious it will be sent to the crown court
5
Q
not guilty pleas - magistrates
A
- must make decisions about reports, legal aid and bail before the trail can proceed
6
Q
what is plea bargaining
A
- an agreement between between the prosecute and defendant where the defendant agrees to pleas guilty in return for some concession from the prosecutor
7
Q
plea bargaining - charge bargaining
A
- where the defendant pleads guilty to a less serious charge and receives a lighter charge
8
Q
plea bargaining - count bargaining
A
- where the defendant pleads guilty to one charge in return of the others being dropped
9
Q
plea bargaining - sentence bargaining
A
- where the defendant pleads guilty to the original charge in return for a more lenient sentence
10
Q
what is legal aid
A
- legal aid agency helps with the costs of legal advice and representation
11
Q
what do the legal aid do
A
- enable individuals to defend themselves if they cannot afford to pay for a lawyer
- summary offences, defendants will be able to talk to a duty solicitor to discuss their plea and the evidence against them - not guilty pleas, defendants will be given legal aid and representation in all court hearings
12
Q
what is bail
A
- the temporary release of an accused person while awaiting trial
13
Q
what are the two types of bail
A
- unconditional bail, where the court imposes no conditions except to attend court as required
- conditional bail, where the court imposes conditions that the defendant must agree to before being released
14
Q
what is remand in custody
A
- if the court refuses bail or the defendant breaches the conditions then they may be sent to prison until their trial
15
Q
refusal of bail
A
- court may refuse bail if the defendant:
- is likely to fail to surrender to bail
- has been previously denied bail or failed to meet conditions
- likely to commit an offence while on bail
- could obstruct the course of justice
- is charged with a serious offence
- needs to be in custody for their own protection
16
Q
sending for trial
A
- if the defendant has pleaded not guilty the magistrate will either arrange a date for the defendant to appear in the magistrates court for trial or send the case to the crown court
17
Q
what are courts of the first instance
A
- where the original trials of a case is held
- magistrates court, crown court
18
Q
what are apeliate courts
A
- hear appeals against the verdicts and/or sentences imposed by the lower courts
- supreme court, court of appeal
19
Q
magistrates courts
A
- all criminal cases are first heard in a magistrates court, approximately 95% stay there
- generally have three magistrates who decide both guilt and an appropriate sentence
- are unqualified in law and assisted by a legally qualified clerk
- sentencing powers are limited to six months and/or a £5000 fine
20
Q
crown courts
A
- sits in about 90 centres around the country
- deals with all indictable offences, triable-either-way offences and appeals from magistrates
- defence usually presented by a barrister
- prosecutions case is put by a representative of the CPS
21
Q
the jury
A
- role is to listen to all the evidence, defence and prosecution arguments
- can examine the exhibits of physical evidence, take notes and ask questions
- retire to the jurors room to consider their verdict, expected to produce a unanimous verdict, judge may accept a majority verdict (10-2)
22
Q
the judge
A
- ensure the trail is fair and protect the defendants human rights
- advise the jury on points of law, court procedure and their duties
- act as the referee between the defence and prosecution
- pass sentence if the accused is found guilty
23
Q
appeals
A
right to appeal depends on:
- the type of court that convicted you (magistrates/crown)
- whether your appeal is against your conviction or just the sentence
24
Q
appeals from a magistrates court
A
- two automatic rights of appeal, against conviction and against sentence
- must appeal within 21 days of being sentenced, appeal is heard as a re-trial in the crown court
- court can: uphold or quash your conviction, or vary it by convicting you of a lessor or greater charge or reduce/increase your sentence
- if you win, you may be entitled to compensation and your legal costs
- if you lose, you may have to pay costs
- if you lose, and you wish to make a further appwal, you must get leave to do so and it must be on a point of law
25
Q
the court of appeal
A
- handles appeals against crown courts by three judges
- defendants have no automatic right of appeal against a crown court decision, must seek leave to appeal within 28 days, can seek appeal against both conviction and sentence, only ground to appeal is that the conviction is unsafe
- prosecution can only appeal where there is an error in law by a judge that resulted in a dismissal, prosecution believes and aquittal was a result of jury tampering, prosecution believes the sentence was unduly lenient
- there is ‘new and compelling evidence’ of an aquitted defendant’s guilt
26
Q
court of appeals powers
A
- cannot re-try a case
- can order a re-trial if original verdict is found unsafe , can vary the conviction or decrease the sentence
27
Q
appeals to the supreme court
A
- leave is required to appeal
- no automatic right to appeal
