Уголовный процесс

Источниками уголовно-процессуального права в Англии служат прежде всего законодательные акты, регулирующие одновременно вопросы судоустройства (court system). К их числу относятся законы о Верховном суде 1981 г., о магистратских судах 1980 г., о присяжных 1974 г. (с последующими изменениями), об обжаловании по уголовным делам 1968 г., а также законы об уголовном правосудии 1925 г. и ряда последующих лет, в том числе закон 1988 г. Среди актов, изданных за последнее десятилетие, большое значение имеют Закон о преследовании за преступления 1985 г., Закон об отправлении правосудия (to administer justice) 1985 г. и особенно Закон о полиции и доказательствах по уголовным делам 1984 г. (в нем подробно регламентируется деятельность полиции по расследованию преступлений, в том числе вопросы, связанные с производством обысков и арестов, предварительным заключением обвиняемых, рассмотрением жалоб на действия полицейских при расследовании, а также оценкой некоторых доказательств, в частности полученных с помощью компьютерных устройств). Что касается норм прецедентного права, то и в области уголовного процесса, несмотря на обилие законодательных актов, их роль остается весьма существенной: она состоит и в толковании положений, в общей форме изложенных в отдельных законодательных актах, и в устранении пробелов (gaps) в законодательстве.

Ex. 10. Think of a crime story, involving a crime and the trial and conviction of the offenders. Consult a dictionary to find the words you need for the story and try to use the vocabulary of the present unit. Some situations will help you.

1. You saw the accused put a bottle of perfume into her bag. She then paid for some other goods before walking out into the street. When you stopped her outside the store she said “I didn’t realize the store had detectives otherwise I would never have done it”.

2. You were shopping in a department store. You bought a number of toilet articles and, without thinking, you put a bottle of perfume into your bag and forgot about it. After leaving the shop you were stopped by the store detective. You said to him: “I didn’t realize that I had put the perfume in my bag. I would never have done it on purpose”.

Text c Trial by Jury

Task: read the text, focus on the peculiarities of trial by jury.

If Britain had a written constitution, its most predictable clause would provide that no citizen should be liable to lose his or her liberty for longer than a year without at least the opportunity of submitting to trial by jury. The jury system is deeply entrenched, though senior police officers may despair of its propensity for acquitting one in four defendants who contest their charges in Crown Courts.

Jury trial is a unique British institution. It was hit upon by happy accident over seven hundred years ago, to replace trials by the ordeal of fire or water, in which guilt or innocence was decided by ritual tests overseen by parish priests. It was replaced by the procedure which Henry II had instituted to resolve land disputes: a group of worthy citizens from the district was summoned by a judge to decide between rival claimants on the basis of their knowledge of local history and customs.

Jurors all swear solemn oaths to “give true verdict according to the evidence”. The jury has in its verdict the duty of 'blending law and fact; a process in which they might follow “the prejudices of their affection or passions”.

Crown court judges today invariably direct their juries, but independence remains the most remarkable feature of the modern jury, and an important safeguard against oppressive prosecutions. It means that an ordinary, everyday sense of mercy is built into criminal justice arrangements.

Recent studies estimate that some 14 per cent of acquittals are sympathy verdicts, where the jury strives to find a reasonable doubt because it believes, with good cause, that the defendant has been the victim of oppressive police behaviour or has in any event suffered enough. The notion that a jury panel is more likely to acquit brings humanity and compassion to the harsh letter of the law.

The other feature which contributes to the esteem in which the modern jury is held is that it is drawn at random from a representative cross-section of society. This is not a historical survival, but a very recent adaptation of the system to satisfy democratic ideals. Before 1972, juries were mainly male, middle-aged, middle-minded and middle-class – because only those who owned property could serve upon them. Since 1972 the jury has become, truly, the people’s court.

The most common public-order offences, such as obstruction of the highway and the use of threatening or insultive language and the new crimes of disorderly conduct and disobedience to police bans and restrictions on demonstrations, do not carry the right to jury trial.

Although serious crimes must be tried by a jury, and most minor offences must be tried by magistrates, many offences of moderate seriousness fall within the category of offences which may be tried by either system. There has been a steady increase in offences which are triable by magistrates.

Ex. 1. Put the following sentences in a logical order.

1. Recent studies estimate that some 14 per cent of acquittals are sympathy verdicts.

2. Henry II had introduced the procedure to resolve hard disputes: a group of people to decide on the basis of their knowledge of local history and customs.

3. Since 1972 the jury has become truly, the peoples’ court.

4. The other feature which contributes to the esteem is that the jury is selected at random.

5. Jury trial was hit upon over seven hundred years ago.

6. Serious crimes must be tried by a jury and most minor offences must be tried by magistrates.

7. The jury has in its verdict the duty of blending law and fact.

8. Many offences of moderate seriousness fall within the category of offences which may be tried by either system.

Ex. 2. Quote the text to show:

1. The selection of jury.

2. Jury’s duty – “blending law and fact”.

3. The category of offences triable by magistrates.

Ex. 3. Complete the following text with the words and phrases from the box.

civil cases; ownership of property; randomly; evidence; verdict; unanimous; undertake

Trial by jury is an ancient and important feature of English justice. Although it has declined in _____ _____ (except for libel and fraud), it is the main element of criminal trials in the Crown Court. Jury membership was once linked to the _____ _____, which resulted in male and middle-class dominance. But now most categories of British residents are obliged to _____ jury service when summoned.

Before the start of a criminal trial in the crown court, 12 jurors are chosen from a list of some 30 names _____ selected from local electoral registers. They listen to the _____ at the trial and give their verdict on the facts, after having been isolated in a separate room for their deliberations. In England, Wales and Northern Ireland the _____ may be ‘guilty’ or ‘not guilty’, the latter resulting in acquittal. Until 1967 the verdict had to be _____. But now the judge will accept the majority verdict after the jury has deliberated for more than two hours provided that, in the normal jury of 12 people, there are no more than two dissenters.