AC2.2

Describe trial processes

Types of criminal offence

Please watch this short video which explains the different types of criminal offence and which courts they can be heard in

Pre-trial matters

The plea and plea bargaining

When a defendant appears in court they will be asked if they are ready to enter a plea. If a defendant accepts the charges he is accused of he will plead 'Guilty'. The court can then proceed to sentence. If the defendant does not accept the charge(s) he will enter a 'Not guilty' plea. This will mean that the matter will have to go to trial. In the Magistrates' Court this will be before a bench of three magistrates, who will be responsible for deciding whether they find the defendant guilty or not. In a Crown Court the case is tried before a judge and jury and it will be the jury who decide guilt.

Legal aid

The criminal courts system

As you are already aware, there are two levels of criminal court in England and Wales. The Magistrates' Court and the Crown Court. Both of these courts are referred to as 'courts of first instance'. This simply means that they are courts where the original cases are heard for the first time. In contrast, the other courts in the criminal hierarchy are courts of appeal. (Remember though, the Crown Court can also be an appeal court for cases being appealed from the Magistrates' Court.)