Types of Criminal Cases and Pre-Trial Processes
When someone is accused of a crime, where they'll be tried depends on the severity of the offence. Indictable offences like murder, treason, and rape are tried in Crown Court (though their first hearing is always in the Magistrates' Court). Less serious summary offences such as motoring violations typically stay in Magistrates' Court. Triable either way offences like theft and fraud can be handled in either court depending on their severity.
Before a trial begins, a pre-trial hearing takes place in the Magistrates' Court. This important step allows legal issues to be resolved, ensures both parties have followed court orders, and establishes a timeline for the trial. When the actual trial begins, charges are read to the defendant who then enters a plea of guilty or not guilty.
Defendants typically have the choice between a jury trial or a bench trial (where a judge decides the case). While awaiting trial, many defendants receive bail - temporary release that reflects the principle that defendants are presumed innocent until proven guilty.
Quick fact: Bail can be granted at any point after arrest, either by the police or the courts, and may come with conditions like curfews or restrictions on contacting witnesses.
