Pleading

When the accused first appears at court, the accused tells the court whether he or she admits the charge, and is pleading guilty, or whether he or she denies it, and is pleading not guilty.

If the accused pleads guilty
There is no trial. The Judge can sentence the offender straight away, or the court might ask for background reports about the offender so that they have enough information and can decide on an appropriate sentence. If the offender pleads guilty at this stage then the Judge is required by law to consider reducing the sentence they would otherwise have passed. This is known as a sentence discount and can be up to a third of the maximum sentence available.

If the accused pleads not guilty
A trial date is set. This gives both the prosecution and the defence time to organise their case, and to find out about the witnesses and evidence. The court decides whether or not the accused should be released on Bail(see also Undertaking) When a person is released from custody by a court. They have to agree to certain conditions before they are released. For instance, they must promise not to commit any more crimes while on bail, or to interfere with, or cause alarm or distress to witnesses..

The accused argues that there is no case to answer
The accused can argue before a trial that there is insufficient evidence. If the Judge agrees, the case can be dismissed and the accused will be freed.

Plea in bar of trial
The accused or their lawyer can say that they are unfit to stand trial or that they were unfit at the time of the offence (e.g. by reason of insanity). If the Judge agrees the trial may be delayed or the case dismissed.

Changing of plea
If the accused originally pleads not guilty and then changes their plea during the trial, then the trial will stop. If the accused pleads guilty at this stage then their sentence may be reduced. The Judge or Sheriff will decide on the most appropriate sentence or may ask for reports and decide on the sentence at a later date. More information on sentencing can be found here on this website.