AC 2.2

• What should you do at the end of the topic?

  Check your answers.
• What are the three types of criminal offences based on seriousness?

  • Indictable offences: serious crimes like murder and rape, tried in Crown Court.
  • Summary offences: less serious cases like motoring offences, usually tried in magistrates' court.
  • Triable either way offences: can be tried in either magistrates' court or Crown Court.
• What are indictable offences and where are they tried?


  Indictable offences are serious crimes such as murder and are tried in the Crown Court.
• What are summary offences and where are they usually tried?

  Summary offences are less serious cases like motoring offences and are usually tried in a magistrates' court.
• What are triable either way offences?

  Triable either way offences can be tried in either a magistrates' court or Crown Court.
• What are the pre-trial matters that magistrates' court deals with before a trial?

  • Pre-trial review: addresses points of law and admissibility of evidence.
  • The plea: defendant is asked to plead guilty or not guilty.
  • For guilty pleas: magistrates hear aggravating and mitigating factors, then pass sentence or adjourn for reports.
  • For not guilty pleas: decisions about reports, legal aid, and bail must be made.
• What is a plea bargain?


  A plea bargain is an agreement where the defendant pleads guilty in exchange for concessions from the prosecutor.
• What are the three main types of plea bargains?

  • Charge bargaining: plead guilty to a less serious charge for a lighter sentence.
  • Count bargaining: plead guilty to one charge in return for others being dropped.
  • Sentence bargaining: plead guilty to the original charge for a more lenient sentence.
• What are the criticisms of plea bargaining?


  Critics argue that unregulated plea bargaining can pressure defendants and undermine their right to a fair trial.
• What is the basic principle of legal aid?

  The basic principle of legal aid is equal access to justice regardless of a person's wealth.
• What does the Legal Aid Agency do?


  • Helps with costs of legal advice and representation.
  • Provides duty solicitors for summary offences.
  • Ensures legal aid is available for all not guilty pleas in court hearings.
• What is bail?

  Bail is the temporary release of an accused person while they await trial.
• What does Section 4 of the Bail Act 1976 state?

  It makes a general presumption that everyone has the right to bail.
• What are the two types of bail?

  • Unconditional bail: no conditions except to attend court.
  • Conditional bail: conditions must be agreed to before release (e.g., reporting to police, curfew).
• What happens if bail is refused or conditions are breached?

  The defendant may be remanded in custody until their trial.
• What factors may lead to the refusal of bail?

  • Likelihood of failing to surrender to bail.
  • Previous denial of bail or failure to meet conditions.
  • Risk of committing an offence while on bail.
  • Potential obstruction of justice.
  • Charged with a serious offence.
• What must magistrates do if bail is refused?

  They must explain why bail is refused.
• What happens at the end of the pre-trial phase if the defendant pleads not guilty?

  • The magistrate sets a date for trial in magistrates' court.
  • If it's a serious indictable offence, the case is sent to the Crown Court.
• What are the two broad types of criminal courts in England and Wales?

  • Courts of first instance: where the original trial is held (e.g., Crown Court).
  • Appellate courts: hear appeals against verdicts and/or sentences (e.g., Court of Appeal).
• What is the role of magistrates' courts?

  Magistrates' courts deal with the least serious offences and can send serious cases to the Crown Court.
• What is the role of the judge in the Crown Court?

  The judge presides over the trial, ensuring fairness and protecting the defendant's rights.
• What is the jury's role in the Crown Court?

  • The jury consists of 12 members of the public.
  • They listen to evidence and arguments from both sides.
  • They decide the verdict based on the evidence presented.
• What happens if a jury is bribed or intimidated?

  The Criminal Justice Act 2003 allows a judge to ease the trial without a jury.
• What are the automatic rights of appeal from a magistrates' court?

  • Appeal against conviction if pleaded not guilty.
  • Appeal against sentence within 21 days of being sentenced.
• What is the role of the Court of Appeal?


  The Court of Appeal handles appeals against Crown Court verdicts and sentences.
• What must a defendant do to appeal a Crown Court decision?

  The defendant must seek leave to appeal within 28 days.
• What are the grounds for appeal in the Court of Appeal?

  • Conviction was unsafe.
  • Prosecution can appeal if there was an error in law or jury tampering.
  • New and compelling evidence of guilt in serious cases.
• What powers does the Court of Appeal have?


  The Court of Appeal can order a re-trial, vary the conviction, or decrease the sentence if the original verdict was unsafe.
• What is the Supreme Court's role in the legal system?

  • The Supreme Court is the highest court in the legal system.
  • Its decisions are binding on all other courts.
  • It hears cases of general public importance.
• When was the Supreme Court created?

  The Supreme Court was created in 2009.
• What was the role of the House of Lords before the Supreme Court was created?

  The House of Lords performed the role of the Supreme Court via the twelve Law Lords.
• What should you describe in your assessment preparation regarding trial processes?

  • Pre-trial processes
  • Plea bargaining
  • Roles of courts