Trial Process

Trial Process

Overview

  • The trial process involves various stages beginning from arrest to potential appeal.

Bail

Definition

  • Bail allows a person to be free after arrest until the next stage in their case.

Granting Bail

  • Bail can be granted by police or courts and may be unconditional or conditional.

  • Conditions can include:

    • Curfew

    • Reporting requirements

    • Residence restrictions

    • No contact with witnesses

Purpose of Conditions

  • To ensure that the accused:

    • Surrenders to bail

    • Does not commit further offences

    • Does not interfere with witnesses

Police Bail

  • A custody officer can refuse bail if:

    • Suspect's name or address is unclear/unrealistic.

Pre-Trial Stages

Types of Offences

  1. Indictable Offences

    • Most serious, requires trial in Crown Court after starting in a magistrates' court.

  2. Triable Either Way Offences

    • Can be tried in either magistrates’ court or Crown Court.

    • Higher acquittal chances in Crown Court due to jury trials.

  3. Summary Offences

    • Least serious, e.g. minor assaults and motoring offences, tried only in magistrates’ court.

Bail Act 1976

Granting Bail Criteria

  • Courts start with the assumption to grant bail.

  • Section 4 of the Act provides a general right to bail, but bail can be denied if there are substantial grounds to believe the defendant will:

    • Fail to surrender to bail

    • Commit an offence while on bail

    • Interfere with the course of justice

Considerations for Granting Bail

  • Nature and seriousness of the offence

  • Defendant's character and community ties

  • Previous bail record

  • Strength of evidence

  • For murder charges, only a judge can grant bail with provided reasoning.

Plea Bargaining

Definition

  • An agreement for the defendant to plead guilty, may relate to:

    • Charge reduction (e.g. manslaughter instead of murder)

    • Sentence assurance in exchange for a guilty plea

Benefits

  • Helps prosecutors secure convictions, especially with serious charges.

Criminal Courts Structure

Magistrates’ Court

  • Initial court for all criminal cases, about 95% remain here.

  • Composed of three unqualified magistrates assisted by a legally qualified clerk.

  • Limited sentencing powers: up to six months or £5,000 fine (doubled for multiple offences).

Crown Court

  • Handles all indictable offences, jury trials, and cases refused by magistrates.

  • Judge requests unanimous verdict but allows a majority (10/12) under certain conditions.

  • Defendants represented by barristers, CPS represents the Crown.

Court of Appeal Criminal Division

  • Reviews Crown Court verdicts to assess safety of the conviction.

  • Can direct retrials or quash verdicts, adjusting sentences.

  • No jury involved, cases heard by judges only.

Supreme Court

  • Formerly House of Lords; hears cases of public importance.

  • Requires leave to proceed, decisions bind lower courts.

Appeals

Appeals from Magistrates’ Court

  • Defendant can appeal conviction or sentence to Crown Court (automatic retrial).

  • Right to appeal to High Court on points of law.

Appeals from Crown Court

  • Seek leave to appeal to Court of Appeal based on unsafe conviction.

  • Court of Appeal can retrial, vary or decrease sentences, but not increase.

  • Further appeals to Supreme Court require leave.