Exam (elaborations)
WJEC Unit 3 Criminology AC 2.2 Describe trial process
- Course
- Institution
- Book
WJEC Unit 3 Criminology AC 2.2 Describe trial process Received an A for this exam. For personal use only, do not copy this work
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
AC 1.1 and 1.2 unit 1 model answer
-
WJEC Level 3 Applied Diploma in Criminology Unit 2 AC1.1 Compare Criminal behaviour and Deviance
-
Ac 1.4 Evaluate the roles of personnel involved in criminal investigations
1 review
By: jessicacarter • 9 months ago
By: studyinqpeachy • 9 months ago
thank you for the review!
Seller
Follow
studyinqpeachy
Reviews received
Content preview
AC 2.2 Describe trial processThere are three types of offences that can be tried in court: summary, indictable and triable
either way. Summary offences are any offences that are less serious, for example, motoring
offences and assaults without injury, and these are normally tried in a magistrates court.
Indictable offences are more serious crimes such as murder, rape, robbery, etc, and these
are tried in a crown court, but will have a first hearing in a magistrates. Triable either way
offences are offences that can be tried in either a magistrates or a crown court, often known
as hybrid offences, and an example of one of these could be theft, fraud, criminal damage,
etc.
There are several pre-trial matters that happen before a case goes to court, which will deal
with certain points of law. Before the trial begins, the defendant will be asked to take a plea
of either guilty or not guilty. When a guilty plea is given, then the magistrates will hear the
evidence and then are able to pass the sentence immediately which then leaves the
sentencing to a later date. When a not guilty plea is given, then the magistrates must make
certain decisions before the trial goes ahead, such as taking into consideration different
reports, legal aid and bail.
Plea bargaining may occur during the trial which is an agreement that is made by the
defendant and prosecutor in determining the guilty verdict. Plea bargaining enables the
defendant to plead guilty to a crime in return for a negotiated deal which may be a more
lenient sentence. The three types of plea bargaining include: charge bargaining (pleading
guilty to a less serious charge for a lighter sentence), count bargaining (pleading guilty to
one charge for another to be dropped), and sentence bargaining (pleading guilty to original
charge for a more lenient sentence). Plea bargaining is a good technique as it means that
we can save time, money and secure a clear conviction. However, it could mean that there
may be some pressure on defendants to plead guilty, which could frighten the defendant and
could lead to unfair trials.
Bail is where a defendant is temporarily released and is free from the police station until the
await for the trial, and can be either conditional or unconditional. Defendants are shown to
be ‘innocent until proven guilty’ and so under the Bail Act 1976, the defendants are granted
by the custody officer to be released. Unconditional bail is where there are no conditions that
a defendant has to follow. Conditional bail is where there may be some conditions that a
defendant has to follow, such as curfew, no contacting certain people, etc. Remand in
custody is where the defendant has breached their bail terms or has refused bail and must
stay remanded in custody until their trial. Bail may not be granted to an individual for many
reasons such as: if they are a danger to themselves or society, have no address, have failed
to meet previous bail conditions, etc. In the case where the police have refused bail to an
individual, a magistrate is able to grant bail under the S.4 of the Bail Act 1976. Once pre-trial
matters have been completed, the magistrate will arrange for a date for the trial to be held in
which the defendant must turn up to court.
When a case is brought to trial, there are two types of courts a case can go to: Magistrates
or Crown, and these have different powers and roles.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller studyinqpeachy. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.26. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79789 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now