Unit 4. The court procedure

Ex.1 Find in Text 4.1, translate and memorize the following words and word combinations:

Justice, to prosecute, a magistrate, a judge, a solicitor, a barrister, the barrister for the defence, the prosecuting barrister, a juror, a witness, to pass sentence, committal, to release, to bail, to threaten, to acquit, to appeal, an appeal, juvenile, penalty.

Ex.2 Translate the following words and word expressions:

Well-respected people in the local ccmmuriity, legally qualified, a defence case, to afford, to hire, to argue a case in court, to be available, a burden, to establish guilt, to conduct properly, minor cases, motoring offences, to deal with, to produce new evidence, the severity of a sentence, obscure offence.

Ex.3 Fill in the gaps with the words from exercise 1.

Sometimes you'll have to change the form of the word

1 .The judge ... him to 5 years' imprisonment. 2. ... finally reached their verdict: he was guilty. 3. Minor offences are tried by a ... 4.1t took the jury almost a week to listen to all... 5. The lawyer who prepares the case for his client before the court is called a ... . The lawyer who presents the case in court is called a ... . 6.1f you are believed not to disappear before your trial, they may ... you ?. At a trial, the barrister who speaks for the accused is called... , while the barrister who speaks against him is called... . 8. The jury found him innocent; they... him 9.The barrister wanted to ... against the verdict. 10.During the ... he asked to release him on bail. 11. He was a well-known high-court ... 12.The police did what they could to bring him to... 13.The number of crimes committed by ... offenders is increasing. 14.After the jury told their verdict, the judge ... the ... 15.The law imposes a strict... on those who commit crimes against people.16.He was... for stealing.

Ex.4 Make up your own situations using some words given in Exercise 1.

Ex.5 Look at the title of Text 4.1 and guess what the text is about.

Ex.6 Read Text 4.1 "Who Is Who In The Law?' and see if you were right.

Text 4.1 Who's Who In The Law?

The process of criminal justice begins when the police arrest a suspect. Then they decide whether they have enough evidence to prosecute - to send the suspect for trial. In court, the person charged with the crime (called the defendant or accused) must try to prove that he didn't commit the crime; in other words prove that he is innocent. The jury listens to the evidence and then makes their decision.

If you are prosecuted for a cnme in Britain, you may meet the following people during your process through the court.

Magistrates. Magistrates are unpaid judges, usually chosen from well-respected people in the local ccmrnunity. They are not legally qualified. They are guided on points of law by an official, the clerk. There are magistrates' courts in many towns. Solicitors. After the accused person has been arrested, the first person he or she needs to see is a solicitor. Solicitors are qualified lawyers who advise the accused and help prepare the defence case. As a rule, solicitors do not represent the accused in court. A person who is too poor to afford a solicitor will usually get Legal Aid - financial help from the state.

Barristers. In more serious cases, or where there are special legal difficulties, it is usual for the solicitor to hire a barrister to defend the accused The barrister is trained in the law and in the skills required to argue a case in court. The barrister for the defence will be confronted by the prosecuting barrister, who represents the state. Legal Aid is available to pay for defence barrister.

Jurors. A jury consists of 12 men and women from the local community They sit in the Crown court with a judge, and listen to witnesses for the defence and prosecution before deciding whether the accused is guilty or innocent. In Britain a person is innocent, unless found guilty. The prosecution has the burden of establishing guilt.

Judges. Judges are brained lawyers, nearly always ex-banisters who sit in the Crown court (and appeal courts). The judge; rules on points of law, and makes sure that the trail is conducted properly. He or she does not decide on the guilt or innocence of the accused - that is the jury's job. However if the jury finds the accused guilty, then the judge will pass sentence.

Courts and crimes. Sentencing.

All criminal cases start in the magistrates' courts. Whether the case is committed to the Crown court depends on the seriousness of the crime. The most minor crimes, such as most motoring offences, are always dealt with by magistrates. The most serious crimes such as murder and armed robbery are always committed to the Crown court. Crown court judges have power to sentence more heavily than magistrates do. Before the trial there is "committal". Qn committal the accused is either released ("bailed") by the magistrates or - if the police think there is a danger he might disappear or threaten prosecution witnesses - held in prison until the trial.

There are many crimes known as "either way" offences which may be tried by magistrates or in the Crown court. Sometimes the decision is up to the accused himself, but he should listen carefully to the advice of Iris lawyer: he may decide that he stands a better chance of being acquitted by a sympathetic jury than by a panel of stern magistrates, but he runs the risk of a higher sentence from a Crown court judge ifthe jury does find him guilty.

Appealing

People who have been convicted can appeal if their lawyer can either show that the trial was wrongly conducted or produce new evidence. Appeal can also be made against the severity of a sentence. Appeals from a magistrates' court are to the crown courts and men up to the House of Lords, the highest court in

the land. From there appeal is to the European Court of Justice.

A few more facts

1. Children under 10 cannot be charged with a criminal offence.

2. Offenders between 10 and 17 are tried by special juvenile courts.

3.Тhе death penalty technically still exists in Britain for some obscure offences such as treason, but it's no longer used

4. The punishment for murder is a life sentence. This can be much less than a lifetirne in prison depending on factors such as good behaviour.

5. The most common punishment for crimes - 80% of the total - is a fine.

Ex.7 Answer the questions:

1 .What does the process of criminal justice begin with?

2. What does the suspect try to do in court?

3. Who is a magistrate?

4. What are the functions of a solicitor?

5. Can a person have a solicitor if he has no money?

6. When does a person need a barrister?

7. What types of barristers are there in court?

8. How many and what kind of people are there in a jury?

9. What is the function of a jury?

10. What do judges do during a trial?

11.What criminal cases are tried in the magistrate’s courts?

12.Why can an offence be transferred to the Crown court?

13. What is a "committal"?

14. What is an "either way" offence?

15.What can an appeal be made against?

Ex.8 Choose the right word:

1. A defendant is a person who...

a) defends people in courts; b) presides over court procedures; c) must be defended by a barrister.

2. ... do not receive a salary,

a) solicitors; b) magistrates; c)judges.

3.1f you want to make a will, you should apply to a ...

a) barrister; b) solicitor; c) police officer.

4. Legal Aid to pay for a banister...

a) is available for everyone, b) is available only in murder cases; d) is not available.

5. Jurors,are people who... <••

a) help a judge to conduct the court; pass the sentence; c) find the verdict.

6.All criminal cases start in the ...

a) magistrates' courts; b) Crown court, c) court of appeal.

7. "To bail" means...

a) to release; b) to sentence; c) to acquit.

8.The highest body of appeal among the following is...

a) the crown court; b) the House of Lords; c) the European court of Justice.

Ex.9 Agree or disagree with the following statements:

1 Juries sit in magistrates' courts.

2.The state helps poorer suspects to pay for the defence.

3.All accused people have to appear before magistrates.

4.Magistrates try a person accused of murder.

5.Crown court judges can hand out stiffer sentences than magistrates can

6.People convicted of murder can't appeal.

7.Magistrates can find the verdict: guilty or innocent.

8.Barristers never represent their clients in court.

Ex.10 Say what you remember about:

1) The stages of criminal process.

2) Magistrates;

3) Solicitors;

4) Barristers;

5) Jurors;

6) Judges;

7) Magistrates' court and Crown court.

8) "Either way" offences;

9) Appealing.

Ex.11 Give the English equivalents to the following Russian words:

Правонарушение (преступление), быть обвиненным, взятка, использовать систему присяжных, виновный, судебный процесс, судья, коррупция, угроза, вердикт.

Ex.12 Pre-reading task. Say what you know about a jury system. Answer the following questions:

1 .What is a jury system?

2.How many people does a jury consist of?

3.Must a juror be legally qualified?

Ex.13 Read Text 4.2.