Unit 3 AC2.2 Describe trial processes Flashcards
There are THREE types of criminal offences:
(i) Indictable, (ii) Triable either way (hybrid), (iii) Summary
Indictable offences
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.
Triable either way offences
Triable either way offences can be tried in either a Magistrates’ or Crown Court. The judge in a crown court has higher sentencing powers than that of a trial in a magistrates’ court. Examples of this kind of offence include theft, burglary and assault occasioning actual bodily harm.
Summary offences
Summary offences are the least serious and include minor offences such as assault, battery and most motoring offences. They must stay in the Magistrate’s Court.
Criminal courts - Magistrate’s Court
All criminal cases are first heard in a magistrates’ court and the vast majority, approximately 95% stay there.
Generally, there are three magistrates who decide both guilt and appropriate sentence.
The sentencing powers are limited to six months and/or £5,000 fine for one offence, this is double for two or more offences.
If the magistrates court feel their sentencing powers are inadequate, a case can be sent to Crown Court.
Criminal courts - Crown Court
All indictable offences, those cases where a trial by jury has been selected by a defendant, in triable either way offences and cases where the magistrates have refused jurisdiction, re heard in crown court.
The jury must listen to the evidence from both the prosecution and the defence, including witnesses. They are entitled to consider all evidence, they then retire and consider, in secret, a verdict.
Initially, a judge will request a unanimous verdict but a majority verdict of 10-12 is acceptable.
Criminal courts - Court of Appeal Criminal Division
The Court of Appeal Criminal Division is an appeal court that decides is the crown court’s verdict is safe.
Permission, or leave, is required for this to happen. It does not hold a retrial but can direct that one takes place or dismiss the verdict (quash it) and vary a sentence, making it longer or shorter.
Cases are heard by judges, there is no jury.
Criminal courts - Supreme Court
Formally known as the House of Lords, a case may proceed to the Supreme Court – top court in the hierarchy – if it concerns a point of law of general public importance.
Leave is required for this to happen. Twelve Law Lords sit in this court and make rulings that bind all courts beneath it.
Bail
A person can be released on bail at any point after being arrested by the police. Being on bail means that the person is allowed to be free until the next stage in the case. Bail is granted by the police and the courts. It can be unconditional or contain conditions such as a curfew, reporting, residence and not to contact witnesses. The reasons for this are to ensure that the person:
- Surrenders to bail,
- Does not commit an offence while on bail,
- Does not interfere with witnesses.
Bail may not be granted if a custody officer cannot ascertain the suspect’s name and address or there are doubts the name and address given are genuine.
Plea bargaining
Plea bargaining is an arrangement agreed by the prosecution and defence or the judge as an incentive for the defendant to plead guilty. It could concern that actual charge, when the defendant pleads guilty to a lesser charge or only some of the charges that are filed against them, for example manslaughter instead of murder.
This can help the prosecutor obtain a conviction, particularly in cases where the defendant is facing serious charges.
Appeals from a Magistrate’s Court
The defendant can appeal against their conviction or sentence received from a magistrates’ court to have their case heard at crown court.
Here, the case will be heard by judge and two magistrates and the conviction can be quashed (dismissed), confirmed or varied, perhaps to a lower charge.
With regards to sentence, it can be increased or decreased. The right to appeal is automatic and no leave or permission is needed.
Appeals from a Crown Court
The defendant could seek leave to appeal, to the Court of Appeal Criminal Division, against their conviction and/or sentence. The only ground to appeal against a guilty verdict is that the conviction is unsafe.
The court of appeal has the power to order a retrial, vary the conviction, decrease the sentence – although NOT increase it – on a defendant’s appeal.
Any further appeal by either the defence or prosecution would be to the Supreme Court.
Appeals from the Prosecution
The prosecution has limited rights to appeal, but appeal would be allowed if:
- An error in law by a judge led to a dismissal;
- The prosecution believes an acquittal was as a result of the jury being nobbled (bribed or intimidated)
- There is new and compelling evidence forts the defendant’s guilt, in a serious case.
The prosecution and the defence also have a right to appeal to the Court of Appeal is the judge has erred in law or if the sentence was unduly lenient.
Indictable offences
Indictable Offences – A serious offence that must be dealt with at crown court.
Manslaughter
Manslaughter – the crime of killing a human being without malice aforethought, or in circumstances not amounting to murder.
