Topic 2: Prosecution and Trial
How does a suspect become a convicted criminal? This topic breaks down the legal process after the investigation ends.
The Crown Prosecution Service decides whether to prosecute suspects. You need to explain their charging role (established in the Criminal Justice Act 2003), the Prosecution of Offences Act 1985, and the Full Code Test which includes both evidential and public interest components. The CPS acts as a crucial filter in the justice system.
Trial processes follow a structured journey through the courts. You should describe pre-trial procedures, bail arrangements, plea bargaining, the different courts, and the appeals process. Each person in court has a specific role that contributes to justice being served.
Rules of evidence determine what information can be used in court. You must understand concepts like relevance, admissibility, disclosure requirements, and the hearsay rule with its exceptions. Without proper rules of evidence, fair trials would be impossible.
Exam tip: For each evidence rule, learn at least one case example where it significantly affected the outcome of a trial.
Key influences on case outcomes extend beyond just the evidence. You should assess how media coverage, witness testimony, expert opinions, police conduct, and legal teams affect verdicts. For your assessment, focus on at least four different influences, always supporting your points with case studies.
Laypeople play a vital role in our justice system. Juries and magistrates bring everyday perspective to legal decisions. You need to discuss at least three strengths and weaknesses of having non-professionals involved in determining guilt and innocence.