Answer the following questions:
What courts are there in England, Wales and Northern Ireland?
What offences does the Magistrates’ Court deal with?
Where must the most serious offences be committed to?
What charges do Juvenile Courts try?
What court is the senior court of trial for criminal offences?
What is the most senior and final court of appeal?
What do civil proceedings consist of?
Where is the High Court of Justice situated?
Complete
the diagram, which shows the hierarchy and jurisdiction of the
Courts in England and Wales (the system in Northern Ireland is
similar, but the system in Scotland is quite different and
separate).
Write the name of each court in the correct box and indicate which are inferior and superior courts.
3 Law Lords
1-3 judges, no jury
1 judge+jury
3 magistrates, no jury
1 judge, no jury
1-3 judges, no jury
Civil
Courts
Criminal
Courts
Complete the following sentences by translating the words and expressions in brackets:
All criminal cases start in the (Магістратському суді).
More serious criminal cases then go to (Королівський суд).
Civil cases are dealt with in (судах графств).
Appeals are heard by (апеляційними судами).
The highest court of appeal in England and Wales is (Палата лордів).
The legal system also includes (суди у справах неповнолітніх) which deal with offenders under seventeen.
8. Work in pairs. Discuss the following:
What courts do you think would deal with:
careless driving?
a divorce case?
a shoplifting committed by a schoolboy?
an assault causing actual bodily harm?
a murder of a child?
Use the following expressions:
I am sure that...
I am certain that...
There is no doubt it.
I am not sure ...
I can’t say for sure.
Have a rest
«Have you anything to say for yourself before I pass a sentence?» the judge frowned at the pickpocket.
«Just what good have you ever done for mankind?»
«Well, Your Honour», answered the prisoner, «I’ve helped several reporters, prison guards and you keep your jobs».
* * *
«You seem to be in some distress», said the judge to the witness. «Is anything wrong?»
«Well, your Honour», said the-witness, «I swore to tell the truth and nothing but the truth, but every time I try, some lawyer objects».
* * *
A friend of the judge dropped in for a visit one morning before court opened and looked around.
«Goodness, you certainly have a lot of criminals to try this morning, haven’t you?» he observed.
«Oh, not so many», answered the judge. «You are looking at the wrong bench - those are the lawyers».
SOLVE
THE CHAINWORD
A rule of conduct formally recognised as binding or enforced by authority (3).
Person who gives evidence under oath in a law court (7).
Declare what the punishment is to be (8).
A form of proof legally presented at a trial through witnesses, records, documents, etc. (8).
Having authority to carry out decisions, laws, decrees, etc. (9).
Person with special knowledge, skill or training (6).
The presentation of evidence in court to a trier of facts who decides the case (5).
Person who disobeys the law (10).
Distinct grade in the armed forces (4).
One who murders (6).
Belonging to the family of a king or queen (5).
A
n
officer was injured after being thrown from the bonnet of a car he
was trying to stop in Malvern. PC Bill Turner suffered stomach
injures which required hospital treatment. A youth has been charged
with assault and dangerous driving and will appear in court next
month.City of London Police has installed 13 closed-circuit cameras at exits from the capital’s traffic management scheme, so that the officers can respond immediately to vehicles violating no-entry signs.
Young offenders in Nottingham are being given a taste of prison life. The youngsters, aged 11-17, are taken to Nottingham Prison by officers, and spend a day seeing overcrowded cells, slopping out, and listening to criminals who graduated from petty crime to major offences.
Unit 5
PROSECUTION
The Crown Prosecution Service (CPS). The prosecution of offenders in England and Wales is the responsibility of the Crown Prosecution Service. It was set up in 1986 to prosecute criminal cases resulting from police investigations. The Head of the CPS is the Director of Public Prosecutions (DPP). The CPS handles about 1,4 million cases every year and employs about 6,000 staff. Over 2,000 of these staff are barristers or solicitors. The staff are located in 98 offices throughout England and Wales.
Before 1986, the police investigated crimes, charged suspects and then took cases to court, sometimes using their own, or a local lawyer. This changed under the Prosecution of Offenders Act 1985, which created the CPS and separated the investigation stage from the prosecution stage. Now the CPS makes the decision whether to continue a case and bring to court.
The Prosecution Process. After the Police have investigated a crime and passed the papers to the CPS, one of the lawyers - called a Crown Prosecutor - carefully reviews the papers to decide whether or not to go ahead with the case. The prosecutor’s decision is based on the two tests set out in the Code for Crown Prosecutors.
The code is a booklet which sets out the general principles which prosecutors must apply when they decide whether to continue a case.
The two tests set out in the Code are as follows:
Is there enough evidence?
Is it «in the public interest» for us to prosecute?
A case has to pass both these tests before the CPS can start or continue a prosecution. To examine a case, the prosecutor reviews it to see if there is enough evidence to provide a «realistic prospect of conviction». If there is not, and the police say there is no more evidence or none will become available in the nearest future, the case will be stopped there. However, the police can be asked to look at the case again, if more evidence becomes available at a late date.
If the prosecutor thinks that there is enough evidence to start or continue a prosecution, he or she will then consider whether a prosecution is needed «in the public interest». This means that the prosecutor must think carefully about all the factors for and against a prosecution, and assess in each case whether a prosecution should go ahead. Some of the public interest factors which are taken into account are set out in the Code for Crown Prosecutors.
For example, a prosecution is likely to be needed if:
a weapon was used or violence was threatened during an offence;
the motive for the offence was any form of discrimination; or
the offence was committed against a person serving the public such as a police officer.
Crown Prosecutors must always think very carefully about the interest of the victim of the crime. This is an important factor when prosecutors decide where the public interest lies.
Presenting cases in Court. If the prosecutor thinks that there is enough evidence, and that a prosecution is needed in the public interest, the case is then presented in the magistrates’ court.
The CPS lawyer must present the facts to the court fairly.
Criminal cases are divided into the following three types of offence.
«Summary only» offences (such as minor motoring offences and disorderly behaviour) are less serious, and can only be heard in the magistrates’ court.
«Either way» offences are more serious and can be heard in either the magistrates’ court or before a judge and jury in the Crown Court. (These include all cases of theft and some categories of assault). Usually, the magistrates decide whether the case should be heard in the Crown Court. But sometimes when the magistrates say they will hear a case, the defendant can choose to be dealt with in the Crown Court.
«Indictable only» offences (such as murder or rape) are the most serious, and must always be heard in the Crown Court which has more sentencing powers.
If a defendant is found not guilty, he or she cannot be prosecuted for the same offence. This applies to all types of case.
Every criminal case begins in the magistrates’ court. But, when, cases go on to the Crown Court, the CPS instructs a barrister, or a specially — qualified solicitor so that he or she can present the prosecution for the CPS.
The powers of police and the procedures which must be followed by them are laid down in Codes of Practice under the Police and Criminal Evidence Act, 1984. These codes cover the powers to stop and search persons or vehicles; the searching of premises and seizure of property; detention, treatment and questioning by police; identification of suspects; and tape recording of interviews with suspects.
WORDS AND PHRASES
The Crown Prosecution Service - Королівська служба судового розгляду
to handle [hændl] - мати справу
barrister [′bæristə] - адвокат
solicitor [sə′lisitə] - юрист (який дає поради клієнтам і готує справи для адвоката, але має право виступати тільки в нижчих судах)
suspect [′sΛspekt] - підозрюваний
Crown Prosecutor—Королівський прокурор
evidence [′evidəns] - доказ, показання свідка
available [ə′veiləbl] - що мається у розпорядженні
to assess [ə′ses] - оцінювати
to take into account — брати до уваги
weapon [′wepən] - зброя
violence [vaiələns] - насильство; гвалтування
to threaten [′Өretn] - погрожувати, загрожувати
premise [′premis] - приміщення, будинок
seizure [′si:3ə] - конфіскація
detention [di′ten∫ən] - затримка, затримання, утримання під арештом
identification [ai,dentifi′kei∫ən] - упізнання, пізнання
«either way» offences — менш тяжкі злочини
assault [ə′so:lt] - напад, погроза фізичною силою
murder [′mə:də] - убивство
rape [reip] - згвалтування
guilty [′gilti] – винний
