Criminal Trial Process

Bail

The first right an offender gets is called bail, this where a suspect is released from wherever they are being held for a certain a period of time. this is whilst the process is carried to the next stage if needs be. Bail is given and can only be given by someone with the title of 'custody officer'.

Bail must be given to an individual unless they believe certain events may occur. For example, if the individual will interfere with witnesses or evidence that may be used in court against them. Another Example would be if the police think that the person in question will fail to attend court after being released on bail. Also police can deny bail if they have any doubts over the persons name or address. Finally police can deny bail if they believe they will be safer inside.

However sometimes, police can grant you bail, however there might be certain conditions attached. This is called conditional bail. The offender must follow and stick by these conditions no matter what, other wise the offender will be taken back into the police station, and will not be allowed to leave. some conditions that may be put in place include taking away a persons passport. This is so the person in question cannot flee the country if released on bail. Curfews, if the crime committed was at a certain time then the offender might not be allowed at around that sort of time. Reporting to the police station at certain intervals, this is to make sure you are still in the area, also it could be to pass on information about the case. The police can give you a tracking tag which relays your location to them all the time.

Legal Representation

In prison, no matter what offence you have committed, you are entitled to free legal advice, this is on behalf of the criminal defence service. They make sure that everyone has access to representation, advice and advocacy assistance. They do this by providing a duty solicitor and all of this is free. With representation it covers a solicitor who will prepare the case before the court hearing and then will represent the defendant in court, if taken to a higher court it may also cover a barrister if needs be. With advice, they can help you with preparing a written legal case, getting legal opinions from qualified barristers and just give you general advice on what is going to happen. finally with advocacy assistance they can help with preparing a case and initial representation.

Right to fair trial and liberty. 

The Human rights act of 1998 clearly states that anyone is entitled to a fair trial, publicly or privately, this trial is to be carried out by either an impartial or independent tribunal. The hearing can be made private at any part or just the whole hearing can be made private, meaning that the press and general public will not be allowed into the court room. this can be put in place at any time where it seems necessary to do so, this could be to protect the privacy of those involved or just in the interest of public order, there are many reasons. The defendant must also be presumed innocent until proven otherwise in a court, as part of that fair trial. If the defendant doesn't feel like they can defend themselves very well then they can get a legal team, however financially this can be a strain, so they are entitled to free legal representation. they will be given a good amount of time to get the case ready for court. The defendant should be fully prepared for court and understand everything that is going to happen during the judicial process. Finally if the defendant is not English or doesn't speak or understand English then a interpreter must be  provided due to the right to a fair trial.