Assignment brief – QCF BTEC

Assignment front sheet

Qualification Unit number and title

BTEC Public Services Unit 22 Legal Aspects and The Law Making

Learner name Assessor name

S.Hargreaves

Date issued Hand in deadline Submitted on

08.05 19 03.06.19

Assignment title Ass 3: The Trial Process

In this assessment you will have opportunities to provide evidence against the following criteria.

Criteria To achieve the criteria the evidence must show Task no. Evidence
reference that the learner is able to:

P4
Outline the rights of the defendant to legal Marked
T1
representation and bail assignment 3

Describe how the criminal trial process works for both Marked
P5 T2
a summary and indictable offence assignment 3

Outline the powers of the courts in sentencing

Marked
P6 offenders using one example of a summary and T3
assignment 3
offence and one indictable offence
Compare the trial process in the Magistrates and
Marked
M2 Crown court, using a summary, either way and T1
assignment 3
indictable offence

Explain the grounds for appeal from Magistrates Court

M3 T4
and Crown Court in England and Wales

Learner declaration

I certify that the work submitted for this assignment is my own. I have clearly referenced any
sources used in the work. I understand that false declaration is a form of malpractice.

Learner signature: Date:

Assignment brief

Qualification BTEC Public Services

Unit number and title Unit 22` Assignment 3

Assessor name SHAR

Date issued 8.5.19

Hand in deadline 3.6.19

Assignment title Assignment 3:The Trial Process

To examine the process that leads to a fair trial

Scenario: It is a serious thing to be charged with a criminal offence. From the point at which
someone is arrested by the Police it is important that their legal rights are respected and they obtain
the advice and representation they are entitled to. In court, it is vital that the different sides of the
case are examined thoroughly and the defendant receives a fair trial. If they are sentenced any
mitigating factors should be looked at, so the punishment should be proportional. And of course,
they should have the right to appeal to a higher court if justice is not delivered first time around.

Task 1: Explain the different categories of criminal offence and explain what is meant by a fair trial.
(P4)

Task 1 a: Laura is arrested for burglary. She already has 3 previous convictions for the same offence
and has served time in prison. She is a vulnerable person, easily intimidated and quick to admit
things under questioning. Describe the process by which Laura can gain legal representation and
bail; and explain why both are so important to ensuring a fair trial. (P4)

Task 2: Choose a triable either way offence, such a burglary. Explain how it can be tried in
Magistrates or Crown Court, as a summary or indictable offence; and outline the procedures in both,
using diagrams to support the written account. Further, compare the procedures in the two courts
explaining similarities and differences. (P5,M2)

Task 3: Using assault, burglary and rape as examples, explain the powers open to courts for
sentencing, particularly the guidelines given to magistrates and judges, the use of mandatory
sentences and the tariff process. (P6)

Task 4: Outline the Sally Challen case and explain the process and grounds for her appeal. Explain
why the case is so important. Further, contrast her case by explaining the process and grounds for
appeal from Magistrates Court. (M3)

Evidence checklist

Written Report Y

Sources of information

https://www.theguardian.com/law/2019/feb/28/sally-challen-wins-appeal-against-conviction-for-
murdering-husband
https://www.lawteacher.net/free-law-essays/contract-law/an-example-of-original-precedent-
contract-law-essay.php
https://www.gov.uk/how-sentences-are-worked-out
Public Services Level 3 Book 1, Gray et al, Pearson 2010