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    Before a trial, an accused person may be released on bail while awaiting their court date, though they must comply with certain conditions. A magistrate can grant bail based on the Bail Act of 1976, or order that the defendant be remanded in custody if the crime is very serious. The police can also grant bail for minor offenses pending a trial in magistrate's court. In magistrate's court, which handles less serious crimes, magistrates who have no legal background decide cases and can sentence defendants to up to 6 months in prison or a £5,000 fine. More serious indictable offenses are passed to crown court, where defendants may plead guilty via plea bargaining or have a jury trial. Appeals of magistrate's court rulings go to

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    UNIT 3 2.2 criminology

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    Before a trial, an accused person may be released on bail while awaiting their court date, though they must comply with certain conditions. A magistrate can grant bail based on the Bail Act of 1976, or order that the defendant be remanded in custody if the crime is very serious. The police can also grant bail for minor offenses pending a trial in magistrate's court. In magistrate's court, which handles less serious crimes, magistrates who have no legal background decide cases and can sentence defendants to up to 6 months in prison or a £5,000 fine. More serious indictable offenses are passed to crown court, where defendants may plead guilty via plea bargaining or have a jury trial. Appeals of magistrate's court rulings go to

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    28 views2 pages

    UNIT 3 2.2 Criminology

    Uploaded by

    ciarabird16
    Before a trial, an accused person may be released on bail while awaiting their court date, though they must comply with certain conditions. A magistrate can grant bail based on the Bail Act of 1976, or order that the defendant be remanded in custody if the crime is very serious. The police can also grant bail for minor offenses pending a trial in magistrate's court. In magistrate's court, which handles less serious crimes, magistrates who have no legal background decide cases and can sentence defendants to up to 6 months in prison or a £5,000 fine. More serious indictable offenses are passed to crown court, where defendants may plead guilty via plea bargaining or have a jury trial. Appeals of magistrate's court rulings go to

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    of 2

    UNIT 3 AC 2.

    2 write up

    Before a trial, it is possible for the accused to be released on bail,


    meaning that they are allowed to return home until the time of their
    court case. Though there are conditions that must be followed when
    on bail. For example, living at a particular address, not being in
    contact with certain people, etc. a magistrate is able to grant bail due
    to the Bail Act of 1976 however they can also have someone
    remanded in custody too. This may be the case if the crime committed
    is very serious, an indictable offence. The police are also able to grant
    bail for summary offences which are waiting to go to a magistrate’s
    trial. There is also a process called plea-bargaining, when a defendant
    is given the chance to plead guilty, often in exchange for a lesser
    charge. For example, someone on trial for murder can plead guilty in
    exchange for being charged with manslaughter. Plea bargaining can
    have its potential problems such as a defendant feeling pressured to
    accept it and therefore the guilty plea, though they may be innocent.
    In a magistrate’s court, there are often 2 or 3 magistrates who will
    deal with the case. A magistrate is a layperson with no legal
    qualifications or experience who will volunteer to work in the court.
    For summary offences- minor offences- the sentencing powers of
    magistrates is quite limited, with a maximum possible being 6 months
    imprisonment or impose fines up to £5,000. For indictable offences,
    the magistrates will hold the defendant before they pass it over to the
    crown court.
    In the crown court, if the defendant pleads not guilty, they have a
    trial. The cases are led by barristers and help to build and present their
    case will be their counsel. 12 randomly selected members of the
    public listen to the evidence and reach a judgment- the jury. A
    unanimous verdict is preferred. A majority can be accepted. The role
    of a judge is to ensure that the trail is fair and protect the human rights
    of the defendant. They advise the jury on points of law, court
    procedure and their duties. At the end of a trial, if the jury has decided
    on a guilty verdict the judge will then decide on a sentence
    appropriate to the crime as well as taking into account other factors.
    When the defendant appeals a sentence from a magistrate’s court, the
    case will move to the crown court, where the conviction can either be
    kept the same, dismissed entirely or change to a different one.
    However, if the prosecution is appealing the sentence, it will instead
    be moved to the higher court. If the ruling from a crown court is being
    appealed, then it is taken to the Court of Appeal who will decide if the
    original verdict was safe. Any appeal from here will be taken to the
    final court of appeal, the Supreme Court. It is here that they appeal
    law itself, they will decide if the issue is the law and if this needs to
    be changed.

    *NEED CASE STUDIES*

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