1. START OF COURT PROCEEDINGS

2. CRIMINAL PROCEEDINGS, OFFENCES AND BAIL  Criminal proceedings start because of an arrest, summons, charge or warrant – the charge will set out the basic details of the crime – date, place, name of alleged victim, etc.  An arrested person may be released on “police bail” – they’re free to go but may be recalled.  You need to know crime definitions – the difference for instance between theft, robbery and burglary.  Court bail – as opposed to police bail – gives the person their liberty until their next court appearance. It’s almost always assumed it will be granted – but can be refused if there’s a fear of absconding, committing another offence or interfering with witnesses  Conditions are often attached – not to contact witnesses/victims, regular reporting to the police, curfew, surety, etc. 

3. SUMMARY TRIAL  This is a trial before magistrates – either of an adult or youth – for a low-level offence or an either-way offence where the person has elected summary trial.  Its format is similar to a Crown Court trial – prosecution statements and witnesses, cross-examination, defence likewise. However, it’s the magistrates and not a jury which decides guilt or innocence. They also sentence – often after an adjournment for reports. If it was an either-way offence they may send the person to Crown Court for sentence.  After a guilty verdict the defence can offer mitigation – explanation of reasons, background, etc, which may have led to the crime.  When pleading guilty a defendant may ask for other (unsolved) crimes to be taken into consideration – known as “TICs”. Not to be confused with previous convictions.

4. MAGISTRATESS COURT SENTENCES  Magistrates can only give a jail term of up to six months for a single offence and a total of 12 months for one or more offences if these are to run consecutively. (Often prison sentences run concurrently.)  Generally, magistrates cannot impose a fine of more than £5,000.  A suspended sentence is one which will only be implemented if another offence is committed within a given time period.  Other sentences include absolute or conditional discharge, fines and community orders/punishments. The latter usually involve unpaid work.

5. CROWN COURT  Crown Courts deal with criminal trials for the most serious – “indictable-only” – offences. An indictment is the document used to record the charge against a defendant at Crown Court.  They also deal with sentencing sent from magistrates courts and appeals from magistrates courts against verdict or sentence.  In a Crown Court trial, juries decide the verdict and judges rule on the law and pass sentence.  Juries are expected to pass unanimous verdicts but, after two hours and ten minutes(!) the judge can accept a majority verdict of 11 – 1 or 10 – 2.  If a defendant is convicted by a majority verdict we can say so. If they are acquitted by a majority, convention says we don’t say so – it indicates at least one juror still thinks he’s guilty!