Trial Process Flashcards
Indictable offences
Serious crimes like murder, rape and GBH - will be tried in crown court
Summary offences
Less serious crimes like motoring offences and assaults without injury - usually tried in a magistrates court
Triable either way offences
(hybrid offences)
Crimes like Theft, fraud, burglary and criminal damage can be tried in a magistrates or crown court
Pleas
Before the trial starts the defendant will be asked if they plead guilty or not guilty
Charge bargaining
Defendant pleads guilty to a less serious charge receives a lighter sentence
Count bargaining
Defendant pleads guilty to once charge in return for others being dropped
Sentence bargaining
Defendant pleads guilty to original charge but for a more lenient sentence
Legal aid
Legal aid helps costs with legal advice and representation - given access to a lawyer (pro-bono)
Unconditional Bail
Bail where The court imposes no rules except attending court
Conditional bail
Bail where the court does impose rules - not see certain people, go to police station every day, curfews and etc
Remand in custody
If the court refuses bail or defendant breaches conditions , they will be remanded in custody (sent to prison) until their trial
Reasons for refusal of bail
1 Likely to not turn up to court
2 has been previously denied bail or didn’t meet bail conditions
3 likely to commit again on bail
4 could obstruct justice - interfere with witnesses
5 charged with a serious offence like murder
6 needs to be in custody for their own protection
Appeals -magistrates
If you were convicted in a magistrates court, a defendant has the automatic right to appeal :
Appeal conviction
Appeal sentence
You must appeal within 21 days of being sentenced. It’ll be heard in a crown court and they can :
Confirm, squash or bath your conviction
And reduce / increase sentence
Court of appeal
Appeals against crown court are handled at the court of appeal. Defendant does not have the automatic right - a judge decides.
You can appeal conviction and sentence
